DRUG FORFEITURE BILL HEADED FOR SENATE FLOOR

Senate Judiciary Committee Chairman Greg Bell had to ask for
volunteers to speak in favor of a controversial drug forfeiture bill.

Still, committee members voted almost unanimously Monday to send
Senate Bill 175 to the Senate floor for debate. Sponsors of the bill
say it will clean up the "unintended consequences" of a citizen
initiative passed four years ago.

In 2000, more than two out of three Utah voters approved Initiative B,
the "Utah Property Protection Act," to stop police and prosecutors
from confiscating property in drug cases. Law enforcement officials
and local governments say Utah has lost $4 million in forfeited funds
since Initiative B passed.

Sponsors of SB175 claim it refines what voters meant with the
initiative. Under the bill's provisions, property seizures must be
handled in court, and some property would be returned to the owners
until cases are resolved if the loss causes a hardship. The bill also
prohibits forfeitures when those accused are acquitted.

"We've bent over backwards to protect innocent property owners," said
Sen. Chris Buttars, R-West Jordan.

"Under no terms do we want innocent people to suffer," said Sen. James
Evans, R-Salt Lake City, a co-sponsor of the bill. "But it is our job
to amend the initiative to perfect the intent of the people. It's a
delicate balancing act."

But the legislation has pitted lawmakers against outraged property
owners. Yellow fliers with pictures of Buttars and Utah Attorney
General Mark Shurtleff were tucked under car windshield wipers Monday
morning. "Warning," the flier said, "Your home is subject to
confiscation without due process." Homeowners worried about
"self-funding" police or drug-addicted family members implicating them
by planting drugs in their homes filled a committee room.

Retired undercover police officer Richard Mack argued against the
legislation. "We've been doing asset forfeiture for years and it has
not reduced the drug-trafficking rate," Mack said. "Law enforcement
should run away from the money. It's absolutely unethical for law
enforcement to involve itself in the money. Leave it. Leave it."

Carina Callaghan related her own experience of having her home taken
after officers found drugs there. She said she lost her children
briefly before being acquitted.

"I feel like I was abused," she said. "I just don't want this to
happen to anyone else."

Only Sen. David Gladwell, R-Ogden, voted against the bill.