A legislative study of Oklahoma's civil asset forfeiture laws spanned the entire state Tuesday.
Supporters of a bill that would change the laws testified in Oklahoma City, saying the current system makes it nearly impossible for innocent people to recover money seized from them without being arrested. Later in the day in Tulsa, Oklahoma Bureau of Narcotics attorney Travis White said there are several safeguards in place.
"Not a single penny has been forfeited in the state of Oklahoma without a neutral and detached magistrate looking over those cases," White said.
Sen. Kyle Loveless' bill would require a conviction for a drug crime before property is forfeited.
The bill, which will be considered next year, would make it tougher for police to seize property without arrest. OBN Director Darrell Weaver called the bill an attack and said it would hinder efforts to combat drug trafficking.
"We could sit here all day and see across the nation, sometimes even in our own state, it's almost like the authority of law enforcement has been lost, and there's many, many attacks going," Weaver said. "And it seems to me this would fall right in."
The bill would also put seized money in the general fund. Now it goes to the seizing agency's revolving fund, leading to accusations of policing for profit.
The bill was filed over concerns law enforcement agencies were abusing the program, including offering incentives or rewards to officers out of seized assets. District 4 DA Mike Fields said anecdotes are no basis for scrapping the program.
"Now, maybe we can have a discussion about further clarifying the uses that drug asset forfeiture funds can be [applied to], but again, that's not what this legislation seeks to address," Fields said.
Loveless pulled out of Tuesday's hearings. The reason why is unclear.
