The Institute for Justice, famous for fighting against civil asset forfeiture, once ranked Indiana as a “C+” state. According to the institute, the Hoosier State “earned an average grade for its laws and practices compared to other states” but “recent reporting suggests that these laws are often flouted.” In order to address this problem, IJ added that reform was badly needed.
Now, it looks as if their wish is about to come true.
According to the Tenth Amendment Center, a bill has recently been filed in the Indiana Senate that would prohibit the state from seizing property without due process. The bill, which is known as Senate Bill 8 (SB8), would effectively reform the state’s civil asset forfeiture laws, requiring state prosecutors to bring a criminal conviction to the judge before proceeding with the activity.
Currently, Indiana officials are allowed to seize property and cash from an individual without having him arrested first. Even if he was never found guilty of a crime.
If SB8 is signed into law, the new requirement would keep prosecutors in check, while also making it nearly impossible for state officials to send these cases to the federal government.
Currently, state laws allow prosecutors to bypass restrictions by sending cases to the federal government. This move is allowed due to the Equitable Sharing program, which gives states the option to keep a portion of liquidated seized assets. But if the new bill passes, Equitable Sharing will no longer be an option.
By repealing Section 9 IC34-24-1-9, the bill closes the federal loophole, helping to protect Indiana residents and their property.
In other states like California, referring to Equitable Sharing to get away with government-sponsored theft is no longer an option. If the Indiana legislature chooses to follow into the Golden state’s steps and this loophole is finally closed, the spark of property protection and constitutional rights will continue to ignite other local movements, helping to nullify this immoral law.
Now that SB8 was introduced, it will first be reviewed by the House Committee on Corrections and Criminal Law. If passed by a majority vote, it will move to the full Senate for further consideration. According to Tenth Amendment’s Mike Maharrey, “‘equitable sharing’ provides a pipeline the feds use to incentivize state and local police to serve as de facto arms of the federal government by funneling billions of dollars into their budgets.” Without this pipeline, the incentive to steal people’s property is gone. Striking the problem at its root.