State law enforcement agencies are becoming more open to reforming a forfeiture statute to close a loophole in the state's robust protections against the seizure of property and assets, according to one lawmaker.
Agencies, including police and prosecutors, have been accused of using federal rules to bypass the state bar on keeping seized property without a conviction, and keeping proceeds for themselves that reformers argue should go to schools.
A 2019 reform bill failed, largely due to quiet but persistent lobbying from state's attorneys and police forces.
Rep. Tony Lavasco (R-O'Fallon) unsuccessfully tried again last year, and he has filed another, HB 750, in this year's session.
"Missouri's law...is very robust, a lot of protections for due process, but rather than following that, agencies enter into federal equitable sharing and transfer to federal jurisdiction, by passing those protections," Rep. Lovasco argued.
Under Missouri law, any asset seized in the course of an investigation must be returned to the owner if there is no conviction. Further, upon conviction, proceeds must be handed over to the state for use by schools.
However, federal rules, and those in many other states, allow for assets and proceeds to be kept even if there is no conviction and they can be retained by the law enforcement agency.
Police forces and prosecutors bypass the Missouri law by entering into arrangements under the equitable sharing arrangement either through joint task forces or other means.
Lovasco agreed the 2019 attempt was largely stymied by law enforcement lobbying, but "last year we had a little bit more success."
"I think they are starting to warm up to the idea that reforms are needed," the representative said. "But I do not expect it to fly through, there is still resistance, but the winds are starting to change."
He added: "Property should be handled under state law and not the federal system. It is about due process."
Under HB 750, state agencies will not be able to simply transfer assets to federal authorities, and then receive a portion of the proceeds under the U.S. Department of Justice’s Equitable Sharing Program.
Further, agencies that participate in a joint task force or other collaboration with federal agencies must transfer responsibility for the property to the state, which will then hand the proceeds to schools.
If the federal agency bars the transfer of property to the state, the law enforcement agency cannot benefit in any way.
"I do not think this will affect the way (law enforcement) can do the job," Lovasco said. "Equitable sharing cannot be used to offset normal budgets. These are extras, certainly it might help them but it is not for essential services."