A bill that would force law enforcement to get a judge to rule there is probable cause to believe property has been used in drug trafficking before seizing the property is heading to Governor Matt Mead.

While the bill would make it considerably more difficult to seize property than does the state's current asset forfeiture law, it would not force authorities to convict someone of a crime.

Senate File 46 had already passed the Senate and was approved by the state house on a 60-0 vote on Wednesday. A bill that would have required a criminal conviction before property could be seized died in the state house.

A 2015 bill requiring a criminal conviction before property could be seized passed the legislature last year. But that bill was vetoed by Governor Matt Mead, who said he didn't know of any problems with the state's current asset forfeiture law. That law puts the burden of proof in asset forfeiture cases on the property owner to show that they are innocent.

An attempt to override the veto failed in the state senate

Since the state constitution prohibits the governor from saying whether he will veto bills being considered in the state legislature, there has been no indication of how Mead may react to the latest asset forfeiture bill.

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