California:  Spectre of Forfeiture Revived

     Ä by Dale Gieringer F.E.A.R. Chronicles, vol. 2 no. 2 (July
1994) (Reprinted from California NORML Reports )

Efforts are underway to resurrect Calif-ornia's asset forfeiture
law, which sunset last year after the legislature failed to come to
an agreement on how to renew it. 

Attorney General Dan Lungren has been joined by Governor Wilson and
Democratic gubernatorial hopeful Kathleen Brown in calling for the
passage of a new law, on the grounds that the state needs the
revenue. Forfeiture advocates, led by the state's powerful law
enforcement lobby, want a law to let the state take private
property involved in drug crimes without the need for a criminal
conviction, with the proceeds going to law enforcement. 

Opponents, including California NORML and led by F.E.A.R.
(Forfeiture Endangers American Rights), are strongly opposed to
forfeiture without a conviction, or the funneling of the proceeds
directly to police.  California NORML is particularly opposed to
any provisions allowing forfeiture of homes, vehicles or other
personal property involved in marijuana cultivation, possession or
sales. 


Forfeiture under state law has ground to a halt because of legal
dispute over what law, if any, is now in effect. After California's
forfeiture law sunset last December 31st, it was supplanted by a
prior law that also had a sunset clause. Defense attorneys have
accordingly been able to argue that the state has no forfeiture law
at all, forcing prosecutors to resort to federal law instead. 

The California legislature is considering two forfeiture bills left
over from the last session, which are now in a conference
committee. The one preferred by forfeiture opponents is AB 114, by
Assemblyman John Burton (D-S.F.), a reform bill that would mitigate
many of the defects in the previous law, though it still does not
require a conviction.  The other, SB 1158 by Sen. Ken Maddy
(R-Fresno), is Attorney General Lungren's bill to strengthen
forfeiture laws..  

Forfeiture Opponents are urged to write to the following conference
committee members: Assembly members Bob Epple (D-Long Beach), Paula
Boland (R-Granada Hills), John Burton (D-S.F.); State Senators Ken
Maddy (R-Fresno), Nick Petris (D-Oakland) arid Gary Hart (D-Santa
Barbara). Address to: State Capitol, Sacramento 95814.