DOVER – Lawmakers introduced new legislation on Thursday aimed at meaningfully reforming Delaware’s civil asset forfeiture system.
Sponsored by Rep. Kim Williams and Sen. Kyle Evans Gay, House Bill 280 would increase transparency and shift burdens of proof to protect innocent citizens while maintaining the proper use of asset forfeiture as a tool for law enforcement.
“The lack of guardrails in the civil asset forfeiture system over the years has allowed too many people to fall through the cracks of our criminal justice system,” said Rep. Kim Williams.
“For far too long, Delaware has operated under a process that allows residents to lose their property before they are even charged with a crime. These protections will bring Delaware in line with other states and make substantial changes to this process.
“This is an issue I have been working on for several years and I am proud to have the support of so many legislators and stakeholders including the support of the Delaware State Police, Delaware Association of Chiefs of Police, Department of Justice, Office of Defense Services and ACLU.”
Civil asset forfeiture laws allow law enforcement to seize cash or property suspected of being used to commit crimes or obtained through criminal means and have been utilized as an effective tool to strike at the economic foundation of criminal activity.
However, when misused, civil asset forfeiture can inflict significant economic consequences on residents who might be innocent of any wrongdoing.
“Our current civil asset forfeiture law compromises Delawareans’ access to fair due process,” said Sen. Kyle Evans Gay, Senate prime sponsor of House Bill 280.
“This bill will advance our criminal justice system to better align with our shared values of justice and fairness. I want to commend Rep. Kim Williams for her dedication in crafting this legislation.” Delaware’s current civil asset forfeiture laws have been graded a D- by the Institute for Justice, citing inadequate protections for innocent citizens and a low standard of proof. HB 280 directly addresses these concerns by:
● Prohibiting forfeiture unless a criminal charge is brought.
● Shifting the burden of proof from the individual to the State.
● Setting the minimum amount of cash that can be seized and forfeited at $500.
● Establishing that if a property owner prevails in a forfeiture case, they can recover their lawyer’s fees and related costs.
“The Division of State Police appreciates the opportunity to provide input on this legislation and Rep. Williams’ willingness to work with the various stakeholders involved in the process,” said Colonel Melissa Zebley, Superintendent of the Delaware State Police.
“As always, the Division looks forward to working with its partners to implement this bill.”
“The Delaware Association of Chiefs of Police is supportive of this legislation. We appreciate the opportunity to collaborate with Representative Williams on this important issue,” said Delaware Association of Chiefs of Police President Patrick Ogden.
The measure also aims to increase transparency by requiring the Delaware Department of Justice (DOJ) to collect and annually report on statistics regarding civil asset forfeiture, including demographics, case outcomes and amount and type of forfeiture cases.
“This reform has been a long time coming,” said Attorney General Kathy Jennings.
“This bill is a thoughtful reform that places the burden of proof on the State — where it belongs — in civil asset forfeiture cases, and should reinforce public confidence in what happens when illegal assets are seized. It will mean more work for the DOJ; but it is the right thing to do. I appreciate Rep. Williams’ tireless championship for this change — and, more than that, her conscientiousness in ensuring that this legislation gets the details right.”
Data from the state’s DOJ demonstrates the disproportionate impact of forfeiture cases on people of color. From 2018 to 2020, out of 1,720 tracked forfeiture cases, 72% involved Black individuals.
“Civil asset forfeiture is unfair and exploitative: a person can lose their money and property without even being arrested or convicted of a crime. And in Delaware, this ugly practice has had a largely disproportionate impact on Black citizens,” said Chief Defender Kevin O’Connell.
“The changes proposed in HB 280 take great steps to provide more support and protections for defendants and third parties. Thank you to Rep. Kim Williams, Sen. Kyle Gay, and Rep. Madinah Wilson-Anton for championing this cause.”
HB 280 has been assigned to the House Public Safety Committee.
