Delaware Bill Takes on “Policing for Profit” via Asset Forfeiture, Closes Federal Loophole

DOVER, Del. (April 18, 2016) – A bill introduced in the Delaware Senate would reform the state’s asset forfeiture laws to prohibit the state from taking property without a criminal conviction. The legislation also takes on federal forfeiture programs by banning prosecutors from circumventing state laws by passing cases off to the feds in most situations.

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The First State Needs to Act Like a State

Amid the chatter among fellow Tenth Amendment Center contributors, it came up in conversation that Delaware currently lacks a Tenth Amendment Center state chapter.  This was while discussing an article in the Examiner about a bill in the Delaware House that would essentially do the opposite of the Sheriffs First model legislation advocated on the Tenth Amendment Center website.

Delaware, as far as the Tenth Amendment Center’s legislative tracking goes, shows only two pieces of legislation on record, with very different results for the two bills.  HB353, the Health Care Freedom Act, was introduced March 30, 2010, and didn’t get any further than that.  The bill has not been reintroduced in any subsequent legislative session.  The other, SB17, legalized marijuana for medicinal use; it passed both the House and Senate by considerable majorities and was signed into law May 13, 2011.  Delaware, like New Jersey, apparently can pass Tenth Amendment related legislation when their officials feel the situation calls for it.  Unfortunately, that situation doesn’t seem to come along very often.

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