Mitchell
Author
Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. In a forfeiture action with regards to cash or negotiable instruments of a value of not less than $25,000, existing law requires the state or local agency to prove by clear and convincing evidence that the property is subject to forfeiture. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. Existing law requires the Attorney General to publish an annual report on forfeiture within the state. This bill would require a prosecuting agency to seek or obtain a criminal conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors prior to an entry of judgment for recovery of expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. The bill would prohibit maintaining an action for recovery of expenses against a person who has been acquitted of the underlying criminal charges. The bill would prohibit state or local law enforcement agencies from transferring seized property to a federal agency seeking adoption by the federal agency of the seized property. The bill would further prohibit state or local agencies from receiving an equitable share from a federal agency of specified seized property if a conviction for the underlying offenses is not obtained, except as specified. The bill would require notices of a forfeiture action to contain additional details, such as the rights of an interested party at a forfeiture hearing. The bill would change the burden of proof that a state or local law enforcement agency must meet to succeed in a forfeiture action with regards to cash or negotiable instruments of a value not less than $25,000, but not more than $40,000, from a clear and convincing standard to beyond a reasonable doubt. The bill would require the Legislative Analyst's Office, on or before December 31, 2019, to submit a report to the Legislature on the economic impact of this change, and the above-described prohibition on receiving an equitable share from a federal agency, on state and local law enforcement budgets. The bill would make other related changes to court forfeiture proceedings. The bill would also require the Attorney General to include additional information on forfeiture actions in the annual report.
Chaptered by Secretary of State. Chapter 831, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5359.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 69. Noes 7. Page 5825.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
Read third time and amended.
From inactive file.
Ordered to third reading.
Notice of intention to remove from inactive file given by Assembly Member Calderon.
Ordered to inactive file on request of Assembly Member Holden.
Reconsideration granted.
Motion to reconsider made by Assembly Member Hadley.
Read third time. Refused passage. (Ayes 24. Noes 44. Page 2105.)
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 2.) (August 27).
August 19 set for first hearing. Placed on APPR. suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 1. Page 1298.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1153.) (May 28).
Set for hearing May 28.
May 4 hearing: Placed on APPR. suspense file.
Set for hearing May 4.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 730.) (April 21). Re-referred to Com. on APPR.
Set for hearing April 21.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 28.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB443 | HTML |
| 02/25/15 - Introduced | |
| 04/06/15 - Amended Senate | |
| 06/02/15 - Amended Senate | |
| 07/16/15 - Amended Assembly | |
| 09/01/15 - Amended Assembly | |
| 09/04/15 - Amended Assembly | |
| 06/01/16 - Amended Assembly | |
| 08/04/16 - Amended Assembly | |
| 08/26/16 - Enrolled | |
| 09/29/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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