New Mexico Reform Legislation

- F.E.A.R. Chronicles, Vol. 2 No. 2 (July 1994)



New Mexico State Senator Duncan Scott (R-Albuquerque) introduced
legislation  in January to "overhaul New Mexico's criminal asset
forfeiture law."

Scott said the major change will require that forfeited funds or
property go to the state general fund rather than allow agencies to
keep what they seize.  He illustrated current misuse of forfeited
funds with an example of a local law enforcement agency that used
drug cash to purchase golf club memberships, ostensibly so they
could take drug dealers out golfing on sting operations.

"The existing law perverts law enforcement incentives," Scott said. 
"Police become more interested in chasing Mercedes rather than
chasing violent criminals because they get to keep the flashy car. 
Our Founding Fathers wisely envisioned three separate branches of
government, and the existing forfeiture law allows law enforcement
agencies to become both the tax collector and legislature for
themselves."