Convictions Now Required for State Government to Seize Money

Posted in General FAQ'S on October 18, 2016

When a new law comes into effect in California, it’s always big news. Citizens need to stay informed of their rights and responsibilities in the Golden State, including those set into motion by new laws. On Thursday, September 29, 2016, Governor Jerry Brown signed a bill that significantly changes how state law enforcement officials can handle asset seizures during criminal investigations. The new bill will take effect January 1, 2017.

Exploring the Need for a Change in California

Civil rights advocates have complained for years about laws that give police and sheriff agencies incentives to seize cash and property. In the past, law enforcement agencies in California could share in the proceeds of most asset seizures. This significant financial incentive encouraged police agencies to confiscate a person’s private property even before the courts entered a criminal conviction. The problem with this system is that it goes directly against one of the cornerstones of the American criminal justice system – “innocent until proven guilty.”

Although Gov. Brown did not explain his decision in signing the bill, supporters of the change, such as Sen. Holly Mitchell, D-Los Angeles, believe it’s the outcome of years of advocates pushing policymakers to change the standard procedure. The American Civil Liberties Union (ACLU) made this bill its top priority this year, with Mica Doctoroff, Legislative Advocate, explaining how this kind of abuse has inflicted horrific consequences on innocent people for years.

Doctoroff points out that minorities have consistently borne the brunt of this abuse in California. According to an ACLU study, 85% of federally seized asset proceeds in California went to agencies in counties where the majority population is people of color. The same study found that no less than half of seizures the U.S. Drug Enforcement Administration made in California involved citizens with Latino surnames. Doctoroff believes the new bill will stop property seizure abuse and set a precedent for similar solutions in other states that need reform.

What Does Senate Bill No. 443 Entail?

The bill Gov. Brown signed into law, Senate Bill No. 443, now requires a criminal conviction before law enforcement agencies can seize cash, property, or other assets. SB-443 amends five sections in California’s Health and Safety Code relating to asset forfeiture. Under this act, a prosecuting agency must obtain a criminal conviction for the cultivation or production of a controlled substance before it can seize, eradicate, destroy, or take remedial action in respect to controlled substances.

In addition, the bill prohibits a prosecuting agency from maintaining an action for recovery of expenses upon the acquittal of criminal charges. State and local agencies cannot transfer seized assets to federal agencies, nor can they receive an equitable share of the property from federal agencies. Before Gov. Brown passed this bill, state and local agencies bore a burden of proof to only show a “clear and convincing standard” to succeed in a forfeiture action. Now, these agencies must show proof beyond a reasonable doubt.

Prior to the passing of this bill, San Diego County law enforcement agencies attained millions of dollars in seized assets every year – money they could spend in a number of ways. The San Diego Union-Tribune reported on some expenditures over the years, which range from helicopter insurance to travel. The new bill has one exception by which a state or local agency in California can still receive a portion of seized assets from federal cases: if the value of the forfeited property equals $40,000 or more in cash.

The $40,000 minimum now eliminates the ability for police to seize small amounts of cash from people, protecting the rights of citizens until proven guilty of charges. Many human rights agencies are optimistic that the new bill will ease tension between minority communities and law enforcement in California.