Learn More About Asset Forfeiture
NACDL worked with the North Dakota Association of Criminal Defense Lawyers in 2017 to identify an expert witness on asset forfeiture to testify in support of HB 1170, legislation to reform asset forfeiture in North Dakota, before the House Judiciary Committee. The bill did not advance out of the Senate.
In 2019, North Dakota passed HB 1286, which reforms the state’s asset forfeiture rules and procedures. HB 1286 establishes that forfeiture proceedings cannot be initiated until the owner of the property has been convicted of or pled guilty to a criminal offense, with limited exceptions. The bill also raises the standard of proof for instituting forfeiture actions and allows individuals to petition the court to determine whether the forfeiture is unconstitutionally excessive. The law went into effect on August 1, 2019.
