Gov. Laura Kelly signs civil asset forfeiture reform unanimously passed by Legislature
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Democratic Gov. Laura Kelly signed a bill unanimously approved by the Kansas Legislature to substantively alter the law enforcement civil asset seizure and forfeiture law to increase transparency and the ability of Kansans to challenge the action and regain their property. (Sherman Smith/Kansas Reflector)
TOPEKA — Gov. Laura Kelly signed a bill unanimously approved by the Kansas Legislature overhauling the process established 30 years ago allowing law enforcement agencies to seize assets and property from people accused but not convicted of a crime.
Despite early opposition from law enforcement agencies and prosecutors, House and Senate negotiators set new guidelines on asset forfeiture, broadened due process protections for property owners and stiffened reporting on seizures.
Under Senate Bill 458, signed Tuesday by the governor, a court could order attorney fees to be paid for claimants who succeed in winning return of their property.
“This bill represents a significant step forward in ensuring fairness and accountability in asset forfeiture proceedings,” Kelly said. “These reforms will protect the rights of property owners and promote greater transparency in law enforcement practices.”
Under existing state law, many Kansans didn’t contest the seizures because legal fees would exceed the amount of money or value of property taken. The evidence threshold for law enforcement to move forward with a seizure case was low. A portion of cases were transferred from local or state agencies to the U.S. Department of Justice, which made contesting the cases more difficult.
“Anyone who learns about civil asset forfeiture immediately agrees it’s a problem,” said Rep. Dan Osman, D-Overland Park. “Unfortunately, for years, we could never agree on what the solution should be.”
Sen. Kellie Warren, a Leawood Republican who also worked on the bill, said legislation signed by the governor brought guardrails to civil asset seizure and forfeiture cases based on allegations the property was the ill-gotten gain from criminal activity. She said Kansans dealt for decades with seizures without “proper ability to raise a defense and get their seized property back.”
On Monday, the Kansas Bureau of Investigation released the 2023 annual report on civil asset seizure and forfeiture cases. During the period between Jan. 1 and Dec. 31, law enforcement agencies in Kansas seized $3.91 million in property. That resulted in forfeiture of $2.38 during the 12-month period.
Meanwhile, Kelly signed Senate Bill 19 to pay tuition and fees for Kansas National Guard members interested in earning a master’s degrees in college.
The law required the Kansas Guard’s adjutant general to begin by selecting up to 100 National Guard members from among those that applied to the degree program. The number of National Guard members enrolled in the graduate school program would be capped at 200 in any one academic year. If at full capacity, the program would cost the state an estimated $2.2 million annually.
Students would remain eligible by maintaining a minimum 2.75 grade point average. National Guard troops in the program would agree, in writing, to complete current service obligations and serve actively and in good standing for at least 48 months following completion of the degree.
Kelly also signed Senate Bill 292 to update the state’s Code of Military Justice to conform with amendments to the U.S. Code of Military Justice. The bill would direct the National Guard’s adjutant general, with the approval of the governor, to appoint an officer as state judge advocate with the rank of colonel.
The new law would require the state Military Disability Board, beginning July 1, 2025, to adjust death and disability benefits for National Guard members based on changes in the consumer price index.
The legislation increased the monthly benefit to National Guard members with a 100% disability to $850 plus 12.5% of monthly basic pay. Current state law provided $120 plus 12.5% of the member’s monthly basic pay. The bill also raised the monthly benefit for a surviving spouse of an eligible deceased member and substantially expanded monthly benefits for surviving children.
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