AB 443 California Assembly · 2015-2016 Regular Session

Forfeiture.

Summary
Existing law subjects property acquired through or as proceeds of criminal profiteering activity to forfeiture. Existing law defines criminal profiteering activity as any specified acts or threats made for financial gain or advantage. Existing law requires a prosecuting agency to file a petition of forfeiture in conjunction with the criminal proceeding for the underlying offense. This bill would allow the prosecuting agency to file a petition of forfeiture prior to the commencement of the underlying criminal proceeding if the value of the assets seized exceeds $100,000, there is a substantial probability that the prosecuting agency will file a criminal complaint, there is a substantial probability the prosecuting agency will prevail on the issue of forfeiture and failure to enter the order will result in the property being destroyed or otherwise removed from the jurisdiction of the court, the need to preserve the property outweighs the hardship on any party against whom the order is entered, and there is a substantial probability that the assets subject to forfeiture represent direct or indirect proceeds of criminal activity committed for the benefit of, at the direction of, or in association with, a transnational criminal organization, as defined. The bill would allow a person claiming an interest in the property or proceeds to move for return of the property on the grounds there is not probable cause to believe that the property is subject to forfeiture, and if the prosecuting agency does not establish substantial probability that the property is subject to forfeiture the court would be required to order the seized property returned. The bill would require the Attorney General, on or before January 1, 2018, to report to the Governor and specified committees on the use of these proceedings. The bill would provide for the repeal of these changes on January 1, 2019.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2015
Committee Review
Aug 2015
Assembly Passage
May 2015
Senate Passage
Governor
Introduced Feb 23, 2015 Last action Aug 27, 2015
Floor votes · Assembly May 28, 2015

How they voted

66–5
Passed · 4 other
Total votes 75
May 28, 2015
D Democratic50
46 Yea 2 Nay 2
92% Yea
I Independent1
1 Yea
100% Yea
R Republican24
19 Yea 3 Nay 2
79% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
22
Key actions
9
Committee
13
Amendments
3
Aug 27, 2015
Upper · Passed
In committee: Held under submission.
upper
Aug 24, 2015
Committee
In committee: Referred to APPR. suspense file.
upper
Aug 18, 2015
Committee
Read second time and amended. Re-referred to Com. on APPR.
upper
Aug 17, 2015
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).
upper
Jun 18, 2015
Committee
Referred to Com. on PUB. S.
upper
May 28, 2015
Assembly · Passed
Assembly Vote: pass (66-5-4)
assembly
May 20, 2015
Lower · Passed
From committee: Do pass. (Ayes 14. Noes 0.) (May 20).
lower
May 13, 2015
Lower · Passed
In committee: Hearing postponed by committee.
lower
May 5, 2015
Committee
Re-referred to Com. on APPR.
lower
May 4, 2015
Lower · Passed
Read second time and amended.
lower
Apr 30, 2015
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (April 28).
lower
Apr 22, 2015
Committee
Re-referred to Com. on PUB. S.
lower
Apr 21, 2015
Lower · Passed
In committee: Hearing postponed by committee.
lower
Apr 14, 2015
Lower · Passed
In committee: Set, second hearing. Hearing canceled at the request of author.
lower
Apr 7, 2015
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Mar 5, 2015
Committee
Referred to Com. on PUB. S.
lower
Feb 24, 2015
Lower · Passed
From printer. May be heard in committee March 26.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Luis Alejo
Luis Alejo
DDemocratic
CA
30