Talk Elections

Atlas Fantasy Elections => Atlas Fantasy Government => Topic started by: Clark Kent on July 21, 2016, 04:56:49 PM



Title: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 21, 2016, 04:56:49 PM
Quote
End Abuse of Civil Forfeiture Act

1. The practice of civil asset forfeiture shall only be permitted in conjunction with a successful criminal conviction of the subject(s) for a relevant crime, and its extent shall be regulated by the presiding judge.
2. If such a conviction is successfully appealed, the subject(s) shall be entitled to fair recompense.
3. The preceding protections shall not apply to the areas of maritime or customs law.

Sponsor: Rep. Evergreen (L-IL)


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Classic Conservative on July 21, 2016, 05:08:11 PM
I don't have the greatest knowledge on this subject, so I'm not positive on how I'm going to vote on this.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Santander on July 21, 2016, 05:42:49 PM
I urge legislators to oppose the bill as proposed - civil forfeiture is a valuable law enforcement tool, and is rendered useless by not allowing it to be used pre-conviction. In addition, the vast majority of civil forfeiture is conducted at the state level, and general law enforcement is not within the constitutional jurisdiction of the federal government, meaning this bill would have little effect, even if passed.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: / on July 21, 2016, 05:43:32 PM
Fully support.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Classic Conservative on July 21, 2016, 06:25:43 PM
Looking into this subject, I fully oppose this bill.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Leinad on July 21, 2016, 08:54:48 PM
I urge this body to not simply vote it down on party lines, but to find an agreeable solution that reduces the exploitation of property rights that currently exists with civil forfeiture laws.

In addition, the vast majority of civil forfeiture is conducted at the state level, and general law enforcement is not within the constitutional jurisdiction of the federal government, meaning this bill would have little effect, even if passed.

True, so we can pass a bill reforming civil forfeiture at the federal level, and the regions can follow our lead.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 22, 2016, 09:24:23 AM
I actually support this bill. Civil forfeiture is a violation of the Fourth and Fifth Amendments to the US Constitution. I'll have to look back and check, but I believe the Atlasian Constitution must have something similar.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Classic Conservative on July 22, 2016, 10:31:49 AM
A YouTube video for all my esteemed fellow congressmen and congresswomen:

https://www.youtube.com/watch?v=3kEpZWGgJks
Like John Oliver, is going to change my vote on this.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on July 24, 2016, 02:40:25 PM
amendment:

1. The practice of civil asset forfeiture shall only be permitted in conjunction with a successful criminal conviction of the subject(s) for a relevant crime, and its extent shall be regulated by the presiding judge, limited to those items which were acquired through criminal activity or where there is reason to believe the property will be used for criminal use.
2. If such a conviction is successfully appealed, the subject(s) shall be entitled to fair recompense.
3. The preceding protections shall not apply to the areas of maritime or customs law.

'Civil' is striken since the definition of allowed forfeiture limited to only criminal convictions precludes any civil forfeiture.  The rest is to clarify the scope of any potential forfeiture.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 24, 2016, 03:27:33 PM
Ms. Representative, is the amendment friendly?


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: SUSAN CRUSHBONE on July 24, 2016, 04:40:23 PM
Ms. Representative, is the amendment friendly?

yes, absolutely


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Former Senator Haslam2020 on July 24, 2016, 08:55:24 PM
Looking into this subject, I fully oppose this bill.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 24, 2016, 09:19:04 PM
Then it has been adopted into the bill.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Blair on July 25, 2016, 02:49:06 PM
As many others have said I hadn't heard of this, but come on guys.... are we really going to let the police seize your property, and assets without even charging you with a crime. Heck the bill proposed doesn't even outlaw the practice all together, it simply wants to reform it.

Now the well know liberal  hell hole called Nebraska abolished the practice  (http://www.forbes.com/sites/instituteforjustice/2016/04/20/nebraska-just-abolished-civil-forfeiture-now-requires-a-criminal-conviction-to-take-property/#52e7d18a159e) and the equally awful Forbes had a rather good article on the whole matter with this quote...

Quote
“Civil forfeiture is one of the most serious assaults on due process and private property rights in America today,” IJ’s Legislative Counsel Lee McGrath said in a statement. “Today’s decision to abolish civil forfeiture will ensure that only convicted criminals—and not innocent Nebraskans—lose their property to forfeiture.

On the matter of Federal Forfeiture, it takes 5.4 billion a year with 87% coming from civil rather criminal process. So it needs some reforming. And as anyone who's studied the civil rights era knows you can tie reforms to funding, and state grants.



Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: MyRescueKittehRocks on July 25, 2016, 08:46:05 PM
I actually support this bill. Civil forfeiture is a violation of the Fourth and Fifth Amendments to the US Constitution. I'll have to look back and check, but I believe the Atlasian Constitution must have something similar.

Agreed


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 30, 2016, 10:33:27 PM
Alright, there has been no debate in the past five days, so we will immediately move to a 72-hour vote.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: SUSAN CRUSHBONE on July 30, 2016, 11:31:31 PM
aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Former Senator Haslam2020 on July 31, 2016, 12:25:59 AM
STRONG AYE!


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: / on July 31, 2016, 05:37:56 AM
Aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Classic Conservative on July 31, 2016, 06:05:22 AM
Nay


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: MyRescueKittehRocks on July 31, 2016, 11:25:35 AM
Totally Aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 31, 2016, 11:34:34 AM
AYE


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on July 31, 2016, 11:41:22 AM
The bill has enough votes to pass. Representatives have 24 hours to change their vote.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on July 31, 2016, 03:22:50 PM
AYE


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on August 01, 2016, 08:52:32 PM
This bill has passed the House.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on August 01, 2016, 10:25:14 PM
Aye, ftr.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Blair on August 08, 2016, 05:16:36 PM
Has this moved onto the Senate yet?


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: tmthforu94 on August 08, 2016, 05:40:19 PM
It has - I will be bringing up several bills to the Senate floor later this evening once I close some votes.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on August 29, 2016, 08:49:35 PM
This bill has been amended in the Senate. Representatives have 72 hours to vote AYE, NAY, or ABSTAIN on the amended version:

Quote
1. The practice of asset forfeiture shall only be permitted in conjunction with a successful criminal conviction of the subject(s) for a relevant crime, and its extent shall be regulated by the presiding judge, limited to those items which were acquired through criminal activity or where there is reason to believe the property will be used for criminal use.
2. If such a conviction is successfully appealed, the subject(s) shall be entitled to fair recompense.
3. The preceding protections shall not apply to the areas of maritime or customs law.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Classic Conservative on August 29, 2016, 08:59:15 PM
Nay


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on August 29, 2016, 09:01:36 PM
Aye!


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Clark Kent on August 31, 2016, 10:00:00 PM
The voting period has not closed yet, but I have been busy with classes the last few days and was unable to contact Representatives until today, so I will extend the voting periods on all bills currently being voted on for an additional 24 hours.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: 🐒Gods of Prosperity🔱🐲💸 on September 01, 2016, 10:29:14 AM
isn't that the exact same version the House approved before?


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: MyRescueKittehRocks on September 02, 2016, 06:56:17 AM
Aye. Clause 3 however should be amended in the opposite direction.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Leinad on September 05, 2016, 10:37:10 PM
Has this passed?

If so, will it only apply to federal law, or will we have to feel a redraft blowing in here?


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on September 15, 2016, 08:23:04 PM
Quote
1. The practice of asset forfeiture shall only be permitted in conjunction with evidence beyond a reasonable doubt of the subject(s) for a relevant crime, and its extent shall be regulated by the presiding judge, limited to those items which were acquired through criminal activity or where there is reason to believe the property will be used for criminal use.
2. If such a conviction is successfully appealed, the subject(s) shall be entitled to fair recompense.
3. The preceding protections shall not apply to the areas of maritime or customs law.

This has been amended in the Senate and now comes back here.

I will open this for 24-hour objections, if there are none we shall move directly to a final vote.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on September 21, 2016, 07:06:15 PM
I'll bump this back for a final 48-hour principle vote.

Please vote Aye, Nay or Abstain on the most recent version of this bill (as seen directly above).


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Pragmatic Conservative on September 21, 2016, 07:09:46 PM
Aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on September 21, 2016, 07:46:00 PM
Aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: LLR on September 21, 2016, 08:04:59 PM
Aye


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Terry the Fat Shark on September 22, 2016, 12:59:55 AM
AYE


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: NeverAgain on October 09, 2016, 06:31:13 PM
Kay to el Presidente it goes.


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Enduro on October 09, 2016, 07:10:50 PM
Is it too late to say abstain?


Title: Re: 1015 - End Abuse of Civil Forfeiture Act
Post by: Pragmatic Conservative on October 09, 2016, 11:03:58 PM
Yes this bill has passed into law.