Crime

This Act modifies the Code of Criminal Procedure to include a registry for persons who commit specified white collar crimes.

CSG Midwest
Under a seven-bill legislative package recently signed into law, Michigan is changing its laws on civil asset forfeiture, a move that proponents say will better protect citizens’ civil liberties and private property rights. According to the Detroit Free Press, lawmakers have raised the standard for when property can be seized through civil forfeiture. The standard had been a “preponderance of the evidence”; it is now “clear and convincing.”

In its second opinion of the term the Supreme Court ruled that a police officer should have been granted qualified immunity when he shot at a car whose driver had led police on a high speed chase to stop it instead of waiting to see if spike strips worked.

If someone has spent or hidden their ill-gotten gain but has additional assets untainted by their crime, should the government be able to freeze the untainted assets? The State and Local Legal Center (SLLC) amicus brief in Luis v. United States argues yes. State and local governments—police departments in particular—receive criminal asset forfeitures. Any many states statutes also allow freezing of substitute assets.

Since 1996, 18 states lifted their bans on food stamp eligibility for felony drug convictions, 26 states have issued partial bans for certain types of felony convictions, and only 6 states have full bans for those with any record of a felony drug conviction. The six states with full bans are Alaska, Georgia, Mississippi, South Carolina, West Virginia and Wyoming.

Spurred in part by recent mass shootings on school grounds, state policymakers and university officials have revisited the issue of concealed carry gun permits on college campuses in an attempt to make those campuses safer. For some of the states that have passed concealed campus carry legislation, schools have faced costs in upgrading campus security facilities.

CSG Midwest

Hoping to better protect victims of stalking, sexual assault, domestic violence and other crimes, legislators in Iowa and Minnesota adopted new “Safe at Home” laws this year. ...

In City of Los Angeles v. Patel the Supreme Court held 5-4 that a Los Angeles ordinance requiring hotel and motel operators to make their guest registries available to police without at least a subpoena violates the Fourth Amendment. In his dissenting opinion, Justice Scalia cites to the State and Local Legal Center’s (SLLC) amicus brief, which notes that local governments in at least 41 states have adopted similar ordinances. Eight states also have hotel registry statutes:  Indiana, Florida, Massachusetts, Maine, New Hampshire, New Jersey, Wisconsin, and the District of Columbia. 

The UAPRHT is a comprehensive law directed against human trafficking. It provides the three components necessary for ending human trafficking: comprehensive criminal penalties; protections for human-trafficking victims; and public awareness and prevention methods.

The Act makes “non‐consensual dissemination of private sexual images,” otherwise known as “revenge porn” a Class 4 felony. It is a crime to knowingly post sexually explicit photos, video, voice recordings, etc. of another person online without the person’s consent. Revenge porn is a growing problem due to increased use of social media and other technology. Posts are sexual exploitation and often include names, addresses, e‐mail addresses and other information that compromises the safety of victims and their families. The Act includes exceptions for telecommunications and law enforcement and voluntary exposure in public or commercial settings.

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