Governor Susana Martinez has signed legislation that reforms civil asset forfeiture in New Mexico. The Rio Grande Foundation celebrated the news with this statement:
"Today, Governor Susana Martinez signed HB 560 into law, ending the practice of civil asset forfeiture in New Mexico. Civil asset forfeiture, also known as “policing for profit,” allows law enforcement officers to seize personal property without ever charging—much less convicting—a person with a crime. Property seized through this process often finds its way into the department’s own coffers. HB 560, introduced by NM Rep. Zachary Cook and passed unanimously in the legislature, replaces civil asset forfeiture with criminal forfeiture, which requires a conviction of a person as a prerequisite to losing property tied to a crime. The new law means that New Mexico now has the strongest protections against wrongful asset seizures in the country."
Here is Governor Susana Martinez's statement on the legislation:
Honorable Speaker Tripp and Members of the House:
I have this day SIGNED HOUSE BILL 560, as amended, with certification of correction, enacted by the Fifty-Second Legislature, First Session, 2015. House Bill 560 (HB 560) makes numerous changes to the asset forfeiture process used by law enforcement agencies in New Mexico.
As an attorney and career prosecutor, I understand how important it is that we ensure safeguards are in place to protect our constitutional rights. On balance, the changes made by this legislation improve the transparency and accountability of the forfeiture process and provide further protections to innocent property owners. For these reasons, I have signed HB 560.
However, I must make it clear that “policing for profit” is an overused, oversimplified, and cynical term that, in my opinion, disrespects our law enforcement officers. These heroes in our communities take on extraordinary risk, face incredible harm, and operate with tremendous courage, and this catch phrase improperly questions their motives and disregards their desire to serve and protect. It is also dangerous to discount the role that funds acquired through forfeitures have played in keeping our communities safe and in protecting our officers from harm.
We cannot allow this new law to undermine our efforts to combat crime throughout this state. With the passage of this legislation, it is more critical than ever before that every county and municipality, as well as the state legislature, makes a stronger commitment to fully fund our law enforcement agencies so that they can continue undertaking complex investigations, protecting the public, and protecting themselves while doing so.
New Mexico is a border state. The trafficking of narcotics and the presence of other crimes is a very real threat to the public safety of our communities. We must ensure that HOUSE EXECUTIVE MESSAGE NO. 25 The Honorable Don L. Tripp April 10, 2015 Page 2 our law enforcement officers have the training, protection, and tools necessary to fight crime within our borders. The burden is on public officials at every level to ensure that our law enforcement officers are respected for the work they do and have all the resources they need to protect our families.
Respectfully yours, Susana Martinez Governor