SENATE APPROVES PART OF GOVERNOR'S DRUG REFORMS

SANTA FE - Part of Gov. Gary Johnson's drug reform package passed the
Senate on Saturday and supporters say it will help end abuses of a law
allowing the government to seize assets connected to crime.

The measure would overhaul the state's civil forfeiture law that governs
the seizure by government agencies of cars, cash, guns and other property
of people arrested for a crime.

The legislation would bring the law in line with a state Supreme Court
ruling in 1999, which said police could no longer seize assets after an
arrest and then bring criminal charges later.

The bill cleared the Senate on a 25-10 vote and goes to the House. Similar
legislation passed the Senate last year.

A key provision of the proposed overhaul would require that people be
convicted of crimes before their assets can be permanently taken. That's
not required now.

"If the person is not convicted, then under no circumstance could their
assets be taken," said Senate Majority Leader Manny Aragon, D- Albuquerque,
a longtime proponent of revamping the asset forfeiture law.

Police and district attorneys have objected to the measure, saying it would
make it tougher to seize the assets of drug dealers.

The measure passed the Senate after a provision was removed that would have
required the government to pay attorney fees for defendants if the state
lost the forfeiture action.

Sen. Don Kidd, R-Carlsbad, complained that a drug trafficker could hire an
expensive lawyer, succeed in keeping his assets by winning the forfeiture
case and then have the government pay all the legal fees.

"I can't see where the state of New Mexico has any special obligation to
protect drug dealers," said Kidd.

But Aragon and other supporters said the provision was intended to help
someone who is not convicted of a crime but had to pay for a lawyer to help
recover their property.

"I still feel its un-American to give our government the power to take
whatever they want . . . until we prove we're innocent," said Sen. Steve
Komadina, R-Corrales.

Under the bill, the forfeited assets would be sold and the monies used to
pay for restitution to victims of the crime and then any remaining amount
would go to the state or local government to be used for drug treatment and
prevention programs as well as enforcing drug laws.

Law enforcement agencies currently keep the assets and any monies from
their sale.

The proceeds from sales of forfeited property involving game law violations
would into a fund used to pay for operations of the state's game and fish
agency.

Supporters said changes in the forfeiture system were needed to stop abuses
that victimize innocent property owners.

The bill, for example, will require government prosecutors to show by
"clear and convincing evidence" that the seized property was used in the crime.

In addition, criminal charges and civil forfeiture actions must be separate
parts of a single proceeding. The measure also allows for the state to
provide an attorney in a forfeiture action for defendants who can't afford one.

In 1996, Johnson vetoed a bill revising the forfeiture system. However, the
governor now says that was a mistake and he had proposed the rewrite as
part of a package of drug law changes.