Pubdate: Fri, 05 Aug 2016
Source: Los Angeles Times (CA)
Copyright: 2016 Los Angeles Times
Contact:  http://www.latimes.com/
Details: http://www.mapinc.org/media/248
Author: Liam Dillon
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

BILL ON ASSET SEIZURES BY POLICE IS REVISED

Compromise Boosts Support for Measure to Protect Poor Residents

SACRAMENTO - Major law enforcement groups and state Sen. Holly 
Mitchell (D-Los Angeles) have reached a deal on legislation to limit 
the ability of police in California to permanently seize cars, cash, 
homes and other property from suspected criminals without a 
conviction, potentially paving the way for California to join the 
growing list of states that have reined in the practice.

Known as civil asset forfeiture, the tactic began in earnest as a 
response to the drug war in the 1980s, allowing law enforcement to 
fund their anti-narcotics operations by taking drug dealers' property.

But a diverse group of critics, including immigrant and anti-poverty 
groups alongside libertarians such as billionaire Republican donor 
Charles Koch, have argued that the law has allowed officers to take 
innocent, impoverished residents' property without providing enough 
recourse to get it back.

Under changes to Mitchell's bill introduced Thursday, any seizure of 
property in California worth less than $40,000 would now require a 
criminal conviction before police could take permanent action.

Seizures higher than that amount would still allow for a lower burden 
of proof, such as the standard used in civil cases.

The $40,000 threshold is an attempt to balance advocates' desire that 
those in poverty don't lose their property unless they're convicted 
of wrongdoing and law enforcement's interest in preserving its 
ability to go after large criminal enterprises, Mitchell said.

"It's those private citizens who could not be convicted of a crime 
whose assets that we need to protect," Mitchell said.

As a result of the compromise, major law enforcement groups, 
including organizations representing police chiefs and district 
attorneys statewide, have dropped their opposition to the bill, SB 443.

Last year, that opposition stymied Mitchell's original version of the 
measure, which would have required a criminal conviction before the 
permanent forfeiture of property in nearly all cases.

Ventura Police Chief Ken Corney, the head of the California Police 
Chiefs Assn., said in a statement that his group was comfortable that 
under the new language police could still use the practice for its 
primary purpose.

"With the agreement on SB 443, conflicting sides took into 
consideration each other's views and found a compromise that enhances 
safeguards on Californians' rights, while ensuring law enforcement 
has the tools necessary to combat the gangs and drug traffickers 
damaging our communities," Corney said. "This kind of proactive and 
collaborative effort demonstrates the strength between California law 
enforcement, political leadership and our communities."

At least four other states have passed similarly strict asset 
forfeiture reforms in recent years.

But Lee McGrath, an attorney with the libertarian Institute of 
Justice advocacy group, which is tracking reforms nationwide, said 
Mitchell's bill stands out because of the across-the-board threshold 
requiring a criminal conviction before a permanent seizure.

"This is one of the strongest reforms enacted in any state," McGrath said.

Mitchell expects to have a full vote in the Assembly on her bill in 
the coming days. The bill would still need approval in the state 
Senate and Gov. Jerry Brown's signature before it would become law.
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MAP posted-by: Jay Bergstrom