News & Commentary

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Background:

SB 443 was introduced in the Legislature last year, sailing through the Senate, but failed to garner enough votes to make it off of the Assembly floor. The bill was amended earlier this year, prompting several law enforcement entities to remove their opposition to the bill.

Now that the Assembly has approved SB 443, the Senate will have to approve it once more before it is referred to Governor Jerry Brown for final approval.

If signed into law, SB 443 would offer some of the strongest personal property protections in the country. Specifically, SB 443 provides that:

Under federal cases, state and local law enforcement may only receive an equitable share of forfeited property if there is an underlying conviction, or the property is $40,000 or more in cash. Cash under $40,000, vehicles, boats, homes, and other types of personal property will require a conviction regardless of the value;
Under state cases, cash under $40,000 may be forfeited if there is an underlying conviction, increasing the cash value threshold from the current $25,000. Boats, vehicles, and homes will still require a conviction regardless of value.

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