MISSOURI DRUG FORFEITURE

Laws Likely To Get A Legislative Tweak
Instead Of An Overhaul

Don't look for any sweeping changes in Missouri drug laws this
legislative session.

Despite a flurry of bills proposed early in the session when it became
clear police weren't following state laws for handling seized drug
money, lawmakers now realize the issue is too complex to repair before
the session ends in May.

Legislators say there are too many unknowns - including how much money
is involved.

Instead, legislators probably will just tweak current laws this year
to assure most of the drug money seized by Missouri law enforcement
agencies gets to education, as the laws intend.

But by the next session legislators plan to be armed with studies and
audits that would allow them to revamp the entire Criminal Activity
Forfeiture Act.

``Piecemealing off the top isn't the thing to do if we can look at the
whole thing,'' said Sen. Harry Wiggins, a Kansas City Democrat who is
head of a Senate subcommittee investigating how state and local police
handle drug money.

In January, The Kansas City Star reported that police were diverting
millions of dollars that under state law should have been turned over
to schools. State law requires police to send drug money they seize to
a state court, which then usually sends it to public education.

The Star found that police often give money they seize to a federal
agency - such as the Drug Enforcement Administration - which keeps a
percentage, then returns the rest to police. State law prohibits
police from making such direct transfers to a federal agency.

Among bills introduced in January were several constitutional
amendments that would have given half the seized money to police
rather than all the money to education. That idea appears to be
finished, several legislators said.

``I will say that all of a sudden we've really fizzled,'' said Rep.
Jim Kreider, speaker pro tem who also sponsored one of the
constitutional amendments. ``I don't even like my 50-50 bill anymore.''

The 50-50 issue is dead, agreed Lance Loewenstein, a member of the
Kansas City school board, which has filed a class-action lawsuit
asking Missouri law enforcement agencies to repay drug money they have
kept since 1986.

Loewenstein said he spoke with several legislators this week who think
the 50-50 formula could be a re-election nightmare.

``I can see the political ad right now,'' Loewenstein said. ``Sen.
Blank voted to take money away from the kids and give it to the cops
so they can buy guns to knock down doors in urban neighborhoods.
That's powerful stuff.''

Legislators this session want to adjust the current
law.

One bill that appears ready to pass the Senate would penalize police
agencies that do not file required audits of forfeited money with the
state auditor's office and the Department of Public Safety. Forfeiture
is the legal term for when a judge orders money confiscated.

The Kansas City Police Department is the only law enforcement agency
in the state that has filed its audits each year, according to the
state auditor's office.

Lawmakers also are considering a proposal the state attorney general's
office gave to Wiggins. That proposal would:

Define when a law enforcement officer has seized money or
property.

Several law enforcement agencies have said when officers find money,
they haven't actually seized it in the legal sense. That way, they
believe they can give the money to a federal agent without violating
state law.

The proposal defines a seizure as occurring any time property is
``discovered'' by a law enforcement officer.

Make clear that money believed to be abandoned or unclaimed but
connected with drugs can be forfeited in state court. Such seizures
involve millions of dollars.

Legislators also are waiting for an in-depth report from State Auditor
Claire McCaskill's office. Auditors have sent surveys to almost all
law enforcement agencies in Missouri and have asked police to report
how much money and property they have seized in the last three years,
how much they have turned over to federal agencies and how much they
got back.

Once the surveys are compiled, McCaskill said, her office will conduct
audits of several departments. McCaskill expects to issue a report
early this summer that will include recommendations for new
legislation.

Wiggins said he can use the extra time. For example, he hopes to meet
soon in Washington with Department of Justice officials about their
role in forfeitures.

Kreider said the slowdown also would allow legislators to find out how
much overhauling the laws would affect law enforcement agencies
financially.

``If it is some huge amount and we take that all away from law
enforcement, we really hurt law enforcement, and we hurt the war on
drugs,'' Kreider said. ``On the other hand, the constitution says
this money has to go to education, and I believe in that.''

Karen Dillon, projects reporter, call (816) 234-4430 or
send e-mail to kdillon@kcstar.com