Changes loom for forfeitures

Revisions to Utah's asset forfeiture law passed by a citizens' initiative more than three years ago are in the works on Capitol Hill and the lawmaker pushing for change is eager for the debate.

Saying he's not afraid of "mosh pit" legislative battles, Rep. Stephen Urquhart, R-St. George, unveiled plans Thursday to revise the statute that has been a costly aggravation to law enforcement since its passage.

Urquhart says he has come up with a proposal that will protect the rights of innocent property owners yet at the same time allow police agencies to tap into the proceeds from illicit drug activity.

Since the so-called "Initiative B" passed with an overwhelming voter approval in November 2000, Utah police agencies have been unable to access more than $4 million in federal forfeitures because of Utah's restrictive law.

"People are mainly concerned about due process and I believe this ramps up the protections for innocent property owners."

Asset forfeiture is a civil procedure sought by a district or county attorney's office after conviction of a drug offender. A judge determines whether assets such as cars, money or other property were acquired as a result of the illegal drug activity and if so, orders seizure. Like any civil judicial process, the defendant can hire an attorney to dispute the state's allegation. If the property is seized, the proceeds go back to law enforcement, giving rise to critics' claims that police are simply padding their own pockets.

Urquhart wants restrictions imposed on how the money seized in forfeitures is spent, directing it to drug prevention and drug interdiction.

He also proposes shortening the process from 90 to 60 days to more quickly resolve the forfeiture claims.

In testing the waters Thursday before the House Republican caucus, the lawmaker warned it would be a tough battle because of the ardent opponents that will challenge any changes.

Some of his colleagues, however, already voiced their support, citing decreases in illicit drug interdiction and a meth problem that is spiraling out of control.

"I feel like we have lost a good law enforcement tool," said Rep. Roger Barrus, R-Centerville. "This provides accountability for how the funds are used."

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E-mail: amyjoi@desnews.com