On Monday, California state senator Holly Mitchell (D) revived legislation that would greatly restrict California’s asset seizure laws and, if it is approved and signed by the governor into law, could have gigantic repercussions all across the country. Right now, the police, or any law enforcement agency, can seize a person’s assets and keep them if a person is just accused of a crime. Mitchell looks to alter the law to where such asset forfeiture can’t be put into force unless someone has already been convicted of a particular crime.
California police, of course, find her legislation outrageous and are working against the passage of the bill. The bill actually came before the California State Assembly last year and was voted down 41-24. In California, a bill that is struck down can remain in an inactive state for a certain period in case anyone wants to revive it and try again. Mitchell has decided to try again.
Police will not be allowed to steal people’s cash and property to keep for themselves without proper due process. Polls in the state find that over 80% of Californians agree with what Mitchell is proposing to do. In California, it is actually illegal for the police to seize cash and property unless a person has been convicted. However, there is a loophole where local police can assign a case to a federal court. They can, then, steal the person’s assets because federal law has no such compunction about someone being convicted first before having their assets stolen. Mitchell looks to close this loophole on California police.
Under these asset forfeiture laws, introduced in the 1980’s, local law enforcement get 80% and the feds get 20% of the seized property. It is called “equitable sharing” by law enforcement. One report by the Drug Policy Alliance states that federal asset seizures have more than tripled in the last decade or so. The ACLU also released a report that said if you are a person of color, or poor, your assets will likely be stolen. This is, mostly, because such citizens are limited with regard to the resources and the time needed to try and get their stuff back. Most attempts are unsuccessful.
Mitchell looks to get the bill to the governor’s desk by the deadline of August 31.
PHOTO CREDIT: Thecheapplace.com