New Mexico Senate and House Unanimously Pass Major Property Rights Protection Bill

SANTA FE, NM—Today, the Senate unanimously passed Representative Zachary Cook’s bill to end civil asset forfeiture—also known as “policing for profit”—in New Mexico. This unfair practice allows police to seize and keep property of citizens who haven’t even been charged with a crime, never mind convicted. Rep. Cook’s legislation would end the legal fiction of civil forfeiture—that property can be responsible for a crime—and replaces it with criminal forfeiture. Criminal forfeiture requires a conviction of a person as a prerequisite to losing property tied to the crime.

“Crime should not pay,” said Paul Gessing, President of the Rio Grande Foundation. “This bill strikes exactly the right balance by allowing law enforcement to bring criminals to justice while protecting the property rights of innocent New Mexicans.”

The bill enjoyed widespread bipartisan support at every stage of the legislative process, passing unanimously through every committee and both the House and Senate floors. This support mirrors the movement at the national level, which is fueled by a powerful partnership between conservative and liberal advocates. Bipartisan legislation has already been introduced in both houses of Congress that would dramatically reform federal civil asset forfeiture laws.

“This bill is one of the most powerful proposals in the country to end a practice that undermines American’s property rights and violates due process,” said Lee McGrath, legislative counsel for the Institute for Justice, a national organization pressing for forfeiture reform. “This is a big day for New Mexico.”

The proposal is also endorsed by the American Civil Liberties Union of New Mexico and the New Mexico Drug Policy Alliance.

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ALBUQUERQUE, NM—Today, the ACLU, Disability Rights New Mexico, and the Native American Voters Alliance filed a motion to intervene in the settlement agreement between the Department of Justice (DOJ) and the City of Albuquerque. Were the court to grant this motion,  these local community organizations would become  parties to the agreement with the City, increasing the community’s say in how the agreement will be implemented.
 
“We have always maintained that local community involvement is essential to the success of the effort to reform the Albuquerque Police Department,” said Alexandra Freedman Smith, Legal Director for the ACLU of New Mexico. “The most vulnerable populations in Albuquerque suffer the brunt of unconstitutional policing practices, and their voices must be a part of the conversation. Together, we can strengthen the efforts to build APD into the responsible, community-friendly police force our city deserves.”
 
Three organizations will act as plaintiffs on behalf of the Albuquerque communities most vulnerable to police excessive use of force:
 

• The American Civil Liberties Union (ACLU) of New Mexico will represent Albuquerque community members who are experiencing homelessness
• Disability Rights New Mexico will represent people in Albuquerque living with mental illness
• The Native American Voters Alliance will represent the Native American community living in Albuquerque

 
“Among the names of those whom APD has killed are many people who were living with mental illness,” said Nancy Koenigsberg, Executive Director of Disability Rights New Mexico. “In order to face and fix this problem, we need to change how law enforcement interacts with people in crisis. That is why it is so important that advocates for people with mental illness have a seat at the table when it comes to reforming our police department.”
 
“The Native community has long felt unfairly targeted by police in Albuquerque,” said Laurie Weahkee, Executive Director of the Native American Voters Alliance. “As we move forward in the important work reforming APD, we want to be able to provide input on how  our city’s police can better serve and protect Native people living in Albuquerque.”
 
Albuquerque law firm Freedman, Boyd, Hollander, Goldberg, Urias, & Ward P.A., long-time civil rights attorney Phil Davis, and Nicholas Davis are partnering with attorneys from the ACLU and Disability Rights New Mexico on the motion.
Read a copy of the motion to intervene here: Final Intervention Motion 3-5-15

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SANTA FE, NM—Today, Republican Representative Zachary J. Cook introduced a bill designed to end civil asset forfeiture—also known as “policing for profit”—in New Mexico. This unfair practice allows police to seize and keep property of citizens who haven’t even been charged with a crime, never mind convicted. Rep. Cook’s legislation would end the legal fiction of civil forfeiture—that property can be responsible for a crime—and replaces it with criminal forfeiture. Criminal forfeiture requires a conviction of a person as a prerequisite to losing property tied to the crime.

“Even in cases where a person has not been convicted, or even accused of a crime, the police can seize personal property and keep it for their own gain,” said Paul Gessing, President of the Rio Grande Foundation. “This practice should outrage any American who values the property rights guaranteed to them by the Fifth Amendment of the Constitution.”
Bipartisan legislation has already been introduced in both houses of Congress that would dramatically reform federal civil asset forfeiture laws. The Fifth Amendment Integrity Restoration (FAIR) Act has been introduced in the Senate by Sen. Rand Paul (R-KY), Sen. Angus King (I-ME) and Sen. Mike Lee (R-UT). In the House, Rep. Tim Walberg (R-MI), Rep. Scott Garrett (R-NJ), Rep. Tony Cárdenas (D-CA), Rep. Keith Ellison (D-MN) and Rep. Tom McClintock (R-CA) introduced an identical version of the FAIR Act.
 
STATEMENTS OF SUPPORT:
The bill to end civil asset forfeiture in New Mexico is supported by an ideologically diverse range of organizations including the Rio Grande Foundation, the Institute for Justice, the American Civil Liberties Union (ACLU) of New Mexico, and the New Mexico Drug Policy Alliance.
 
No one acquitted of a crime in criminal court should lose property through forfeiture in civil court. This legislation ensures New Mexico remains tough on crime. Guilty people will lose the fruits of their crime. Equally important, innocent people will keep the fruits of their labor.
- Lee U. McGrath, Legislative Counsel, Institute for Justice
 
Policing for profit is very much alive and well in New Mexico. In 2011, the ACLU of New Mexico took legal action after police seized thousands of dollars from a vacationing father and son, even though they were never even accused of a crime. Innocent people in New Mexico should never fear that law enforcement officers will strip them of their property without due process.
- Peter Simonson, Executive Director, American Civil Liberties Union of New Mexico
 
For decades civil asset forfeiture practices have robbed innocent people, taking money right out of their wallets—or even taking their home and their car—without even charging them with a crime. Like other drug war programs, civil asset forfeiture is disproportionately used against poor people of color who cannot afford to hire lawyers to get their property back.
- Emily Kaltenbach, State Director, Drug Policy Alliance
 
MORE ABOUT PROFILING FOR PROFIT IN NEW MEXICO:
Profiling for Profit? Cops Take $17K From Father, Son (ABQ Journal)
VIDEO: “Police Profiling for Profit in New Mexico” – An interview with civil asset forfeiture victim Stephen Skinner (YOU TUBE)
Institute for Justice report on Policing for Profit in New Mexico
In depth investigation into civil asset forfeiture (Washington Post)
 

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