FT 12-03: Fremont Asset Forfeiture Act (Passed)

[YE]

AN ACT
To protect the property rights of all citizens

Section 1: Title

This legislation may be cited as the Fremont Asset Forfeiture Act or FAFA.

Section 2: Asset forfeiture and database of asset seizures

1. No citizen of Fremont may have their assets seized by law enforcement absent a criminal conviction or guilty plea, with the exception of assets which are illegal to to own and may be seized without conviction, or stolen property which may be seized and returned without conviction, provided that said property is proven to be stolen.

2. All seized assets must be reported to the Fremont Department of Justice with the cause for seizure.

3. The Fremont Department of Justice shall establish an online database of asset seizures.

4. The Fremont Department of Justice shall establish a Property Seizure Hotline for reports of abuse.

Section 3: Restrictions on asset forfeiture

1. During a lawful stop initiated by any Regional, State, or Local law enforcement officer in the Commonwealth of Fremont, absent an independent and particularized factor or factors, the mere presence of any combination of the following items shall not constitute probable cause of illegal activities warranting seizure of the property by law enforcement:

a) Domestic or foreign cash

b) Coins, Tokens, or bars minted out of silver, gold, platinum, palladium, or Rhodium

c) Tobacco and tobacco smoking pipes, cannabis and cannabis smoking pipes, or Electronic Cigarettes

d) Unopened containers of beer, wine, or alcoholic spirits

e) Firearms, bladed weapons, nunchucks, or brass knuckles

f) Flare guns, firecrackers, or lawful fireworks

g) Pepper Spray or Bear Mace

h) Prescription medication

i) Home Drug Test kits or breathalyzers

j) Locksmithing tools

k) Fertilizer

l) Gas masks

M) Any other item for which mere possession is not a criminal offense.

Section 4: Inventory

1. Any items of illegal contraband lawfully seized by any Regional, State, or Local law enforcement officer in the Commonwealth, shall be inventoried within 48 hours by the department which seized the contraband.

2. Any items of personal property lawfully seized by any Regional, State, or Local law enforcement officer in the Commonwealth incident to arrest, including the contents of an impounded aircraft, vehicle, or vessel, shall be inventoried within 48 hours by the department which seized the personal property.

Section 5: Lawful examinations

1. Nothing in Section 3.1 of this act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from determining the identity of any medicine, pills, or unidentifiable substance, during a required inventory incident to arrest. Nothing in Section 3.1 of this act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from inspecting cash to verify that it is not counterfeit or marked, during a required inventory incident to arrest.

2. No Regional, State, or Local law enforcement officer in the Commonwealth shall access, view, or download the digital content of private cellular phones, computers, cameras, or other electronic devices seized incident to a lawful arrest, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction, or with the express consent of the owner.

3. Nothing in 3.1 of the act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from turning on any electronic device seized incident to a lawful arrest , for the purpose of verifying the working condition of the seized device during a required inventory.

Section 6: Convictions and seizure of property

1. In any forfeiture case brought before a judge in the Commonwealth of Fremont under in rem jurisdiction, no real property or personal property which is lawful to own may be forfeited by a person successfully convicted of a crime, absent a showing by clear and convincing evidence that the property to be forfeited had a significant nexus to the planning or carrying out of the crime for which the owner has been successfully convicted.  Any property forfeited by a criminal under in rem jurisdiction shall be auctioned, and the proceeds shall be used to satisfy any successful judgement for restitution by a victim of the crime, or if no such claims have been filed within 3 years of the date of the crime or within 2 years of the date the criminal was convicted, the proceeds shall escheat to the general treasury of the Commonwealth of Fremont.

Section 7: Lawful gun ownership and carry

1. Any person in the Commonwealth who may lawfully own a firearm or weapon and who stores a firearm in any enclosed compartment attached to the interior of a vehicle, shall not be prosecuted for illegally carrying a concealed firearm or weapon.

Section 8: Protection of livestock and pets

1. No Regional, State, or Local law enforcement officer in the Commonwealth shall euthanize any animals or livestock seized from a person in the Fremont region, unless the individual animal or livestock is suffering due to an illness or injury for which it is unlikely to recover, or upon a finding by clear and convincing evidence from a magistrate or judge with proper jurisdiction, that such euthanasia is immediately necessary to prevent an actual public health crisis.

Section 9: Effectiveness

This Act shall take effect 3 months from the date of passage.

Sponsor: Scott
24 hours to advocate

[The world will shine with light in our nightmare]

Police abuse of civil forfeiture laws has shaken our nation's conscience, as civil forfeiture allows police to seize - and then keep or sell - any property they allege is involved in a crime.  Owners do not ever need to be arrested or convicted of a crime for their belongings to be taken away or maimed by the government.  Today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than stopping crime.  Our neighbors in Lincoln and the South have made great strides to reform their asset forfeiture laws, and it is long overdue that Fremont did the same to bring more accountability and transparency to our police departments.

[Unconditional Surrender Truman]

Police abuse of civil forfeiture laws has shaken our nation's conscience, as civil forfeiture allows police to seize - and then keep or sell - any property they allege is involved in a crime.  Owners do not ever need to be arrested or convicted of a crime for their belongings to be taken away or maimed by the government.  Today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than stopping crime.  Our neighbors in Lincoln and the South have made great strides to reform their asset forfeiture laws, and it is long overdue that Fremont did the same to bring more accountability and transparency to our police departments.

Couldn't have said it better myself—this bill will have my support.

[Unconditional Surrender Truman]

I move for a final vote.

[YE]

A final vote is now open.

[YE]

Aye

[Unconditional Surrender Truman]

Aye!

[AustralianSwingVoter]

The fact that this even has to exist is an indictment on the American legal system, but nonetheless Aye

[The world will shine with light in our nightmare]

Aye.

[Virginiá]

Aye

[YE]

Passes 5-0.

[The world will shine with light in our nightmare]

AN ACT
To protect the property rights of all citizens

Section 1: Title

This legislation may be cited as the Fremont Asset Forfeiture Act or FAFA.

Section 2: Asset forfeiture and database of asset seizures

1. No citizen of Fremont may have their assets seized by law enforcement absent a criminal conviction or guilty plea, with the exception of assets which are illegal to to own and may be seized without conviction, or stolen property which may be seized and returned without conviction, provided that said property is proven to be stolen.

2. All seized assets must be reported to the Fremont Department of Justice with the cause for seizure.

3. The Fremont Department of Justice shall establish an online database of asset seizures.

4. The Fremont Department of Justice shall establish a Property Seizure Hotline for reports of abuse.

Section 3: Restrictions on asset forfeiture

1. During a lawful stop initiated by any Regional, State, or Local law enforcement officer in the Commonwealth of Fremont, absent an independent and particularized factor or factors, the mere presence of any combination of the following items shall not constitute probable cause of illegal activities warranting seizure of the property by law enforcement:

a) Domestic or foreign cash

b) Coins, Tokens, or bars minted out of silver, gold, platinum, palladium, or Rhodium

c) Tobacco and tobacco smoking pipes, cannabis and cannabis smoking pipes, or Electronic Cigarettes

d) Unopened containers of beer, wine, or alcoholic spirits

e) Firearms, bladed weapons, nunchucks, or brass knuckles

f) Flare guns, firecrackers, or lawful fireworks

g) Pepper Spray or Bear Mace

h) Prescription medication

i) Home Drug Test kits or breathalyzers

j) Locksmithing tools

k) Fertilizer

l) Gas masks

M) Any other item for which mere possession is not a criminal offense.

Section 4: Inventory

1. Any items of illegal contraband lawfully seized by any Regional, State, or Local law enforcement officer in the Commonwealth, shall be inventoried within 48 hours by the department which seized the contraband.

2. Any items of personal property lawfully seized by any Regional, State, or Local law enforcement officer in the Commonwealth incident to arrest, including the contents of an impounded aircraft, vehicle, or vessel, shall be inventoried within 48 hours by the department which seized the personal property.

Section 5: Lawful examinations

1. Nothing in Section 3.1 of this act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from determining the identity of any medicine, pills, or unidentifiable substance, during a required inventory incident to arrest. Nothing in Section 3.1 of this act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from inspecting cash to verify that it is not counterfeit or marked, during a required inventory incident to arrest.

2. No Regional, State, or Local law enforcement officer in the Commonwealth shall access, view, or download the digital content of private cellular phones, computers, cameras, or other electronic devices seized incident to a lawful arrest, unless the law enforcement officer has a lawful warrant issued by a judge or magistrate with appropriate jurisdiction, or with the express consent of the owner.

3. Nothing in 3.1 of the act shall prohibit any Regional, State, or Local law enforcement officer in the Commonwealth from turning on any electronic device seized incident to a lawful arrest , for the purpose of verifying the working condition of the seized device during a required inventory.

Section 6: Convictions and seizure of property

1. In any forfeiture case brought before a judge in the Commonwealth of Fremont under in rem jurisdiction, no real property or personal property which is lawful to own may be forfeited by a person successfully convicted of a crime, absent a showing by clear and convincing evidence that the property to be forfeited had a significant nexus to the planning or carrying out of the crime for which the owner has been successfully convicted.  Any property forfeited by a criminal under in rem jurisdiction shall be auctioned, and the proceeds shall be used to satisfy any successful judgement for restitution by a victim of the crime, or if no such claims have been filed within 3 years of the date of the crime or within 2 years of the date the criminal was convicted, the proceeds shall escheat to the general treasury of the Commonwealth of Fremont.

Section 7: Lawful gun ownership and carry

1. Any person in the Commonwealth who may lawfully own a firearm or weapon and who stores a firearm in any enclosed compartment attached to the interior of a vehicle, shall not be prosecuted for illegally carrying a concealed firearm or weapon.

Section 8: Protection of livestock and pets

1. No Regional, State, or Local law enforcement officer in the Commonwealth shall euthanize any animals or livestock seized from a person in the Fremont region, unless the individual animal or livestock is suffering due to an illness or injury for which it is unlikely to recover, or upon a finding by clear and convincing evidence from a magistrate or judge with proper jurisdiction, that such euthanasia is immediately necessary to prevent an actual public health crisis.

Section 9: Effectiveness

This Act shall take effect 3 months from the date of passage.