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H.B.3457 page.
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MERCYs' public info on H.B.3457 as well as any related Issues.

Fight attempt to broaden Oregon's forfeiture law

 

In a recent Oregon State election the government was precluded from seizing property by civil forfeiture unless the holder of these properties is convicted of a crime from the proceeds of which these properties were obtained.With HB 3457 this law passed by the voters is being tossed away because the burden of proof for forfeiture is lessened. This bill goes against the expressed wishes of Oregon voters and should be defeated.

 

Itís with the Rules committee

Membership:

 

Kate Brown, Chair D 503-986-1700

Ted Ferrioli, Vice-Chair R 503-986-1950

Jason Atkinson R 503-986-1702

Charlie Ringo D 503-986-1717

Frank Shields D 503-986-1715

 

http://www.leg.state.or.us/05reg/measpdf/hb3400.dir/hb3457.a.pdf

 

 

the oregon aclu and the oregon crim def lawyers lobbyists are looking after it.

for more info on this and how to contact them go to

 

http://aclu-or.org

http://ocdla.org

 

 

HB3457 is with the Rules committee, check with Sen. Brown's office.

 


Rules

 

Membership:

Kate Brown, Chair D 503-986-1700

Ted Ferrioli, Vice-Chair R 503-986-1950

Jason Atkinson R 503-986-1702

Charlie Ringo D 503-986-1717

Frank Shields D 503-986-1715

 

e-mail is the basic sen.firstnamelastname@state.or.us

 

 

Staffing:

Tiffany Harris 503-986-1496

Patricia Nielsen

 


 

Act NOW!Do It TODAY!

Through H.B. 3457, the Oregon Legislature is moving quickly to lower the standard on the state's forfeiture laws, allowing the police confiscate more property with even less proof that the property was related to, or purchased with the proceeds from, drug activity. H.B. 3457 is an attempt to reverse a popular 2000 ballot measure ó Measure 3 ó that made it harder for police to seize and sell property. Under Measure 3, forfeitures could occur only after a person was convicted of a crime. Under H.B. 3457, a person would not need to be arrested or even charged with a crime for his or her property to be taken and sold by the government!

H.B. 3457 is pending in the Senate Rules Committee, and there are three things that you can do right now to help protect the property rights of innocent Oregonians:

1. Send a letter to the Senate Rules Committee members telling them to oppose H.B. 3457. With the click of a few buttons, you can compose a letter using our automated system and send it to the senators. It takes only a minute.

2. Follow up with a call to the committee members. The members of the Senate Rules Committee and their phone numbers are listed below. Please call each member and say something like the following:

"I urge you to oppose H.B. 3457. In 2000, with 67% of the vote, Oregonians sent the message that property forfeitures should occur only after a person is convicted of a crime. Under H.B. 3457, a person doesn't even have to be charged with a crime to lose property in forfeiture. Please respect the will of the voters on this issue and vote against H.B. 3457."

Sen. Kate Brown (D-District 21), 503-986-1700
Sen. Ted Ferrioli (R-District 30), 503-986-1950
Sen. Jason Atkinson (R-District 2) 503-986-1702
Sen. Charlie Ringo (D-District 17) 503-986-1717
Sen. Frank Shields (D-District 24) 503-986-1724

3. Write a letter-to-the-editor opposing H.B. 3457. A letter-to-the-editor is a great way to educate your neighbors and community on a subject. Our automated system makes sending a letter-to-the-editor a quick and easy process.

Measure 3, which passed in 2000 with 67% of the vote, requires a criminal conviction before asset forfeiture can occur. Under H.B. 3457, the burden of proof to seize property is "clear and convincing" evidence, which is much less than the "beyond a reasonable doubt" burden needed to convict a person of a crime. This change directly contradicts the will of Oregonians who said by a two-to-one margin that forfeiture should require a conviction.

Please tell the committee members to respect the will of the people.

A county anti-narcotics unit has sued to nullify Measure 3 on the technical grounds that it violated the state's "single-subject" rule for changing the constitution. An Oregon Court of Appeals has agreed with the anti-narcotics unit, and an appeal from that ruling is currently pending before the Oregon Supreme Court. Rep. Andy Olson (R-Albany), a retired police detective and the former head of a county anti-narcotics team, introduced H.B. 3457 in anticipation of the Oregon Supreme Court affirming the appeals court ruling. Because Measure 3 amended the Oregon Constitution, H.B. 3457 can go into effect only if the Supreme Court nullifies Measure 3.

Thank you for supporting the Marijuana Policy Project, and please be sure to pass this message on to your family and friends in Oregon.


LTE Examples -

Dear Representatives and Senators;

 

In a recent election the government was precluded from seizing property by civil forfeiture unless the holder of these properties is convicted of a crime from the proceeds of which these properties were obtained. With HB 3457, this law passed by the voters is being tossed away because the burden of proof for forfeiture is lessened. This bill goes against the expressed wishes of Oregon voters and should be defeated.

 

Xxxxxx Xxxx

---

 

Subject: HB 3457

 

Dear Senator X,

 

I am writing to with great concerns about House Bill 3457, designed specifically to thwart the will of the electorate as expressed in the overwhelming passage of Measure 3 in 2000.

 

As you may be aware, the bills main proponent Rep Andy Olson, represents not only the losing minority opinion among Oregon voters, but further proudly represents those out of control narcotic squads whose profit driven drug prosecutions and property confiscations were reigned in by a concerned electorate. While Olson has categorized the majority of Oregon voters as ignorant dupes by virtue of their wise decision to pass Measure 3, I suggest that the contrary is true. I suggest that Olson is ignorant of the true minds of his own constituents.

 

Measure 3 was a solution, not a problem. Oregonians were wise, not ignorant. I voted for measure 3 and I am asking you to protect my vote by not moving HB 3457.

 

Thank you for your attention.

 

Xxxxx Xxxx


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