ASSET FORFEITURE: CALIFORNIA
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Current Law
California Law Reins in Asset Forfeiture, Takes on Federal Equitable Sharing Program
Bill Link: SB443
Effective Date: 1/1/2017
Overview: A California law went into effect that not only bolsters restrictions on state officials from seizing property without due process, but also throws a wrench into federal efforts to do the same.
Sen. Holly Mitchell (D-Los Angeles) introduced Senate Bill 443 (SB443) in 2015. The new law sets additional restrictions to prevent abuses from civil asset forfeiture, a controversial practice that observers such as the Institute for Justice (IJ) have called “legal plunder.” Supported by a politically diverse group of grassroots organizations, SB443 passed in the state Senate by a resounding 38-1 vote. The full Assembly passed it with a 69-7 vote.
California previously had some of the strongest state-level restrictions on civil asset forfeiture, but law enforcement would often bypass the state restrictions by partnering with a federal asset forfeiture program known as “equitable sharing.” The new law contains provisions to prevent prosecutors from bypassing the more stringent state asset forfeiture laws by passing cases off to the federal government under its Equitable Sharing forfeiture program. These provisions cover a vast majority of forfeiture proceedings in the state and make this law a substantial step forward over the status quo.
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Essential Reading
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also the leap into electronic typesetting, remaining essentially unchanged.
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard dummy text ever since the 1500s.