Link to the bill: <a href="http://www.nmlegis.gov/Sessions/15%20Regular/final/HB0560.pdf" rel="nofollow">http://www.nmlegis.gov/Sessions/15%20Regular/final/HB0560.pd...</a><p>Here are the relevant details:<p>A. A person's property is subject to forfeiture if:<p>(1) the person was arrested for an offense
to which forfeiture applies;<p>(2) the person is convicted by a criminal
court of the offense; and<p>(3) the state establishes by clear and convincing evidence that the property is subject to forfeiture
as provided in Subsection B of this section.<p>B. Following a person's conviction for an offense to which forfeiture applies, a court may order the person to forfeit:<p>(1) property the person acquired through
commission of the offense;<p>(2) property directly traceable to property
acquired through the commission of the offense; and<p>(3) any instrumentality the person used in
the commission of the offense.
The concern I have with civil asset forfeiture is that the seized property goes directly to the sheriff. This gives the police a financial incentive to seize assets. Law enforcement is not an activity that should be conducted with a profit motive.<p>Even with limitations on what can be taken and when, I'd be more comfortable if it went into the state's general fund, or better a fund for recompensating victims of crime or accidents.
New Mexico has banned civil asset forfeiture and the death penalty and has legalized same-sex marriage.<p>Good to see at least some US states behave like they're in a first-world country.
Relevant John Oliver segment: <a href="https://www.youtube.com/watch?v=3kEpZWGgJks" rel="nofollow">https://www.youtube.com/watch?v=3kEpZWGgJks</a>