H-2737.1  _______________________________________________

                 HOUSE CONCURRENT RESOLUTION 4414

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State of Washington      57th Legislature 2001 First Special Session

By Representatives Carrell and Lantz

Read first time .  Referred to Committee on .

Creating a joint select committee on civil forfeiture.

    WHEREAS, There exist various statutory mechanisms through which the state may seize and forfeit real and personal property because of the property's connection to crime; and

    WHEREAS, The legislature recognizes that civil forfeiture plays a useful role in the state's efforts to reduce crime; and

    WHEREAS, Congress passed the Civil Asset Forfeiture Reform Act of 2000, which made significant changes to the provisions of the federal civil forfeiture statutes; and

    WHEREAS, The legislature recognizes that periodically revisiting the civil forfeiture laws helps to maintain its effectiveness and allows the legislature to address new issues and concerns that arise in the implementation of the civil forfeiture laws;

    NOW, THEREFORE, BE IT RESOLVED, By the House of Representatives of the state of Washington, the Senate concurring, That a joint select committee on civil forfeiture be established to evaluate civil forfeiture laws and practices, evaluate changes to federal civil forfeiture laws and how they compare to Washington law, analyze whether a requirement for a criminal conviction before allowing civil forfeiture would raise additional constitutional issues, conduct a comprehensive review of every civil forfeiture case that took place in Washington under state law in the year 2000, discuss other civil forfeiture issues identified by the joint select committee, and make recommendations on ways to improve civil forfeiture laws; and

    BE IT FURTHER RESOLVED, That the joint select committee consist of eight members, four members from the Senate, two from each caucus to be appointed by the President of the Senate, and four members from the House of Representatives, two from each caucus to be appointed by the Co-Speakers of the House of Representatives; and

    BE IT FURTHER RESOLVED, That the joint select committee consult with representatives of the American Civil Liberties Union, the Washington Association of Prosecuting Attorneys, and the Washington Association of Criminal Defense Lawyers in developing the recommendations; and

    BE IT FURTHER RESOLVED, That staffing for the joint select committee be provided by the House office of program research and Senate committee services; and

    BE IT FURTHER RESOLVED, That the joint select committee report its findings and recommendations to the Senate judiciary committee and House of Representatives judiciary committee not later than December 1, 2001, and that the committee terminate December 15, 2001.

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