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Reform in Utah

Last Updated May 6, 2004

In 2004 Gov. Olene Walker signed legislation to gut the voter-approved Utah Property Protection Act. The move was supported by prosecutors and law enforcement officials who have lost money from the new law. Drug policy reformers managed to beat back this bill during the 2003 legislative session, but could not do so in 2004.

In November of 2000, the Utah Property Protection Act (Initiative B) - a voter initiative intended to reform asset forfeiture laws - passed with sixty-nine percent approval. Prior to this initiative, law enforcement could seize property from an individual even without bringing charges against the person. The initiative required law enforcement to prove a person’s guilt before any property can be seized. The law also re-appropriated all asset forfeiture seizures to go to public school funds. Previously, law enforcement kept all of the property and money, creating potentially corrupting incentives and bypassing legislative appropriations processes.

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