The ACLU of North Dakota continues to support House Bill 1286, legislation that would substantially overhaul civil forfeiture, one of the greatest threats to private property rights in North Dakota. The Senate Judiciary Committee will hear this bill Tuesday morning.
Law enforcement’s retention of forfeiture proceeds violates two key constitutional principles: due process and separation of powers. By passing House Bill 1286 and requiring a conviction before forfeiture, the legislature can rectify serious flaws in state law and establish significant safeguards for innocent North Dakotans.
“Today, ordinary citizens who have never been convicted of a crime are becoming ensnared in this system that is unfairly stacked in favor of the government,” said Heather Smith, executive director for the ACLU of North Dakota. “House Bill 1286 would strengthen due process for property owners facing civil forfeiture, raising the standard of proof from probable cause to clear and convincing evidence, allowing owners to challenge ‘unconstitutionally excessive’ forfeitures.”
In addition to the ACLU of North Dakota, organizations like the Institute for Justice, Americans for Prosperity, Young Americans and the Hazlitt Policy Center also support House Bill 1286.
About the ACLU of North Dakota
The ACLU of North Dakota monitors a wide range of issues at the legislature. Our education and lobbying efforts are aimed at informing both lawmakers and the public about the civil rights and civil liberties implications of the bills proposed by our elected officials.
The American Civil Liberties Union of North Dakota is a non-partisan organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection, and privacy are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBT communities. The ACLU of North Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for people of North Dakota.
For up-to-date information on the bills the ACLU of North Dakota is tracking, go to www.aclund.org.
###