Earlier this year, by way of Senate Bill 443, California legislators attempted to change the state’s civil forfeiture laws. As it stood, “local law enforcement officials [could] bypass the state’s less-lucrative civil forfeiture laws by partnering with the federal government and processing the forfeiture in federal court.”[1] The loophole existed because “under federal law, no conviction is required” allowing local law enforcement agencies to retain a substantial portion of the funds recovered under the civil forfeiture.[2] SB 443 would have required a federal conviction before assets worth over $25,000 would be formally forfeited.[3] However, while the bill passed the Senate by a wide margin, it ultimately failed in the Assembly by a vote of 24-44.[4]
[1] Institute for Justice, Feds Stymying State Civil Forfeiture Reform Efforts by Cutting Off Funds, Sept. 8, 2015.
[2] Id.
[3] Id.
[4] LegInfo.ca.gov, COMPLETE BILL HISTORY, SB 443 (current as of 11/13/15).