Thanks in part to the hundreds of emails sent by supporters like you, HB 560, the bill to end the unfair practice of civil asset forfeiture — aka "policing for profit" — passed the New Mexico legislature unanimously with only hours to spare. This is an incredible achievement — but it's not over yet. Governor Martinez still needs to sign this bipartisan bill before it can become law.

Now is the time to make your voice heard. Ask Governor Martinez to sign HB 560 so that we can protect innocent people from having their property seized by police.

If you're just now hearing about civil asset forfeiture, it may shock you to know that police departments can seize any property they suspect of being involved in a crime — cash, cars, even your home — and use it to fund their own agencies. They don't even have to charge you with a crime, much less convict you.

HB 560 is still tough on crime, allowing law enforcement to seize assets of convicted criminals, but it protects innocent New Mexicans from having their property taken without due process.

We live in a time of great political partisanship, but this is a civil liberties issue that both progressives and conservatives are united on. Every single legislator in both the New Mexico House and Senate threw their full support behind this bill, and today we're asking you to help us cross the finish line by asking Governor Martinez to sign this bipartisan bill into law.

Follow the link to ask Governor Martinez to sign this important legislation into law!

Date

Thursday, April 2, 2015 - 1:15pm

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New Mexico Senate and House Unanimously Pass Major Property Rights Protection Bill

SANTA FE, NM—Today, the Senate unanimously passed Representative Zachary Cook’s bill to end civil asset forfeiture—also known as “policing for profit”—in New Mexico. This unfair practice allows police to seize and keep property of citizens who haven’t even been charged with a crime, never mind convicted. Rep. Cook’s legislation would end the legal fiction of civil forfeiture—that property can be responsible for a crime—and replaces it with criminal forfeiture. Criminal forfeiture requires a conviction of a person as a prerequisite to losing property tied to the crime.


“Crime should not pay,” said Paul Gessing, President of the Rio Grande Foundation. “This bill strikes exactly the right balance by allowing law enforcement to bring criminals to justice while protecting the property rights of innocent New Mexicans.”


The bill enjoyed widespread bipartisan support at every stage of the legislative process, passing unanimously through every committee and both the House and Senate floors. This support mirrors the movement at the national level, which is fueled by a powerful partnership between conservative and liberal advocates. Bipartisan legislation has already been introduced in both houses of Congress that would dramatically reform federal civil asset forfeiture laws.


“This bill is one of the most powerful proposals in the country to end a practice that undermines American’s property rights and violates due process,” said Lee McGrath, legislative counsel for the Institute for Justice, a national organization pressing for forfeiture reform. “This is a big day for New Mexico.”


The proposal is also endorsed by the American Civil Liberties Union of New Mexico and the New Mexico Drug Policy Alliance.

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Date

Saturday, March 21, 2015 - 12:15pm

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ALBUQUERQUE, NM—Today, the ACLU, Disability Rights New Mexico, and the Native American Voters Alliance filed a motion to intervene in the settlement agreement between the Department of Justice (DOJ) and the City of Albuquerque. Were the court to grant this motion,  these local community organizations would become  parties to the agreement with the City, increasing the community’s say in how the agreement will be implemented.
 
“We have always maintained that local community involvement is essential to the success of the effort to reform the Albuquerque Police Department,” said Alexandra Freedman Smith, Legal Director for the ACLU of New Mexico. “The most vulnerable populations in Albuquerque suffer the brunt of unconstitutional policing practices, and their voices must be a part of the conversation. Together, we can strengthen the efforts to build APD into the responsible, community-friendly police force our city deserves.”
 
Three organizations will act as plaintiffs on behalf of the Albuquerque communities most vulnerable to police excessive use of force:
 

  • The American Civil Liberties Union (ACLU) of New Mexico will represent Albuquerque community members who are experiencing homelessness
  • Disability Rights New Mexico will represent people in Albuquerque living with mental illness
  • The Native American Voters Alliance will represent the Native American community living in Albuquerque

 
“Among the names of those whom APD has killed are many people who were living with mental illness,” said Nancy Koenigsberg, Executive Director of Disability Rights New Mexico. “In order to face and fix this problem, we need to change how law enforcement interacts with people in crisis. That is why it is so important that advocates for people with mental illness have a seat at the table when it comes to reforming our police department.”
 
“The Native community has long felt unfairly targeted by police in Albuquerque,” said Laurie Weahkee, Executive Director of the Native American Voters Alliance. “As we move forward in the important work reforming APD, we want to be able to provide input on how  our city’s police can better serve and protect Native people living in Albuquerque.”
 
Albuquerque law firm Freedman, Boyd, Hollander, Goldberg, Urias, & Ward P.A., long-time civil rights attorney Phil Davis, and Nicholas Davis are partnering with attorneys from the ACLU and Disability Rights New Mexico on the motion.
Read a copy of the motion to intervene here: Final Intervention Motion 3-5-15

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Date

Friday, March 6, 2015 - 10:00am

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