Oklahoma City, OK 73105
For Immediate Release: May 6, 2015
Sen. Kyle Loveless
Loveless files bill to ensure due process
in civil asset forfeiture
Senator asks for media’s help
Loveless (R-Oklahoma City) today filed the Personal Asset Protection
Act, SB 838, a bill aimed at restricting a practice known as civil
asset forfeiture. This is a process which allows the government
to seize cash, vehicles and other property used or gained from the
commission of a crime without any charges being filed.
“The issue with the current law is that the owner is presumed
guilty until they can prove their innocence,” Loveless said.
“In America, we are proud of our tradition of innocent until
proven guilty. Unfortunately, that’s not the case with civil
asset forfeiture. Under current law, the state simply needs to establish
a mere suspicion that the property is involved in illegal activity
and the owner doesn’t have to be charged with a crime.”
This legislation gives much-needed reforms to the current process
including conviction and ‘clear and convincing’ evidence
that the property is related to criminal activity.
“What we are doing is requiring the government to prove that
there was a crime committed and that the property was used or gained
from that crime,” Loveless explained.
Sen. Loveless filed the bill with only weeks left in this year’s
“I wanted to file the bill as soon as possible to get a jump
start on this important issue,” said Loveless. “Many
Oklahomans are losing their property without due process and they
don’t have the resources or will to fight a system stacked
Sen. Loveless is holding an interim study to take an in-depth look
at how civil asset forfeiture works in Oklahoma and how abuse happens.
He is seeking input from citizens who have been affected by civil
asset forfeiture abuse.
“I’m asking for some help from Oklahomans and members
of the media who believe they have been a victim of this simply
un-American process,” Loveless said. “This is something
that is happening in states across the country, so it would be naïve
to believe that it could not happen in Oklahoma. I look forward
to hearing from those who have been affected so we can come together
to create a solution to this growing problem.”
For more information, contact:
Loveless: 405-521-5618 or firstname.lastname@example.org