California 2015-2016 Regular Session Status: Enacted

SB 443 — Forfeiture: assets: controlled substances.

Last action — Chaptered by Secretary of State. Chapter 831, Statutes of 2016.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2015. Enacted.

Prognosis

Likely to advance 64% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. In a forfeiture action with regards to cash or negotiable instruments of a value of not less than $25,000, existing law requires the state or local agency to prove by clear and convincing evidence that the property is subject to forfeiture. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. Existing law requires the Attorney General to publish an annual report on forfeiture within the state. This bill would require a prosecuting agency to seek or obtain a criminal conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors prior to an entry of judgment for recovery of expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. The bill would prohibit maintaining an action for recovery of expenses against a person who has been acquitted of the underlying criminal charges. The bill would prohibit state or local law enforcement agencies from transferring seized property to a federal agency seeking adoption by the federal agency of the seized property. The bill would further prohibit state or local agencies from receiving an equitable share from a federal agency of specified seized property if a conviction for the underlying offenses is not obtained, except as specified. The bill would require notices of a forfeiture action to contain additional details, such as the rights of an interested party at a forfeiture hearing. The bill would change the burden of proof that a state or local law enforcement agency must meet to succeed in a forfeiture action with regards to cash or negotiable instruments of a value not less than $25,000, but not more than $40,000, from a clear and convincing standard to beyond a reasonable doubt. The bill would require the Legislative Analyst's Office, on or before December 31, 2019, to submit a report to the Legislature on the economic impact of this change, and the above-described prohibition on receiving an equitable share from a federal agency, on state and local law enforcement budgets. The bill would make other related changes to court forfeiture proceedings. The bill would also require the Attorney General to include additional information on forfeiture actions in the annual report.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 831, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5359.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 69. Noes 7. Page 5825.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Ordered to third reading.

  12. From inactive file.

  13. Notice of intention to remove from inactive file given by Assembly Member Calderon.

  14. Ordered to inactive file on request of Assembly Member Holden.

  15. Reconsideration granted.

  16. Motion to reconsider made by Assembly Member Hadley.

  17. Read third time. Refused passage. (Ayes 24. Noes 44. Page 2105.)

  18. Ordered to third reading.

  19. Read third time and amended.

  20. Read second time. Ordered to third reading.

  21. Read second time and amended. Ordered to second reading.

  22. From committee: Do pass as amended. (Ayes 10. Noes 2.) (August 27).

  23. August 19 set for first hearing. Placed on APPR. suspense file.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).

  26. Referred to Com. on PUB. S.

  27. In Assembly. Read first time. Held at Desk.

  28. Read third time. Passed. (Ayes 38. Noes 1. Page 1298.) Ordered to the Assembly.

  29. Read second time and amended. Ordered to third reading.

  30. From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1153.) (May 28).

  31. Set for hearing May 28.

  32. May 4 hearing: Placed on APPR. suspense file.

  33. Set for hearing May 4.

  34. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 730.) (April 21). Re-referred to Com. on APPR.

  35. Set for hearing April 21.

  36. Re-referred to Com. on PUB. S.

  37. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  38. Referred to Com. on RLS.

  39. From printer. May be acted upon on or after March 28.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Cosponsor
  • Mitchell · Primary
  • Hadley · Cosponsor
  • Jackson · Cosponsor
  • Jones-Sawyer · Cosponsor
  • Leno · Cosponsor
  • Cristina Garcia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 14 voted No

Sponsors (1)

  • Mitchell

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB443 Mitchell Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Hernandez — Yea
Lara — Yea
Moorlach — Yea
Pan — Yea
Vidak — Yea
Wieckowski — Yea
Fuller — Yea
Galgiani — Yea
Cannella — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hill — Yea
Leno — Yea
Wolk — Yea
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 443 Mitchell Senate Third Reading By HADLEY

Passed 69 Yea · 7 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 60604
Democratic 4100
Republican 5000
Total 69704
% of votes cast 86%9%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Yea
O'Donnell — Nay
Obernolte — Yea
Olsen — Not Voting
Rodriguez — Yea
Waldron — Yea
Williams — Nay
Burke — Yea
Chau — Yea
Eggman — Yea
Cooper — Nay
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gomez — Yea
Harper — Yea
Holden — Yea
Low — Yea
Lopez — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Chávez — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Rendon — Yea
Wagner — Yea
Wilk — Yea
Chang — Yea
Chiu — Yea
Cooley — Yea
Kim — Yea
Levine — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Weber — Yea
Atkins — Yea
Gray — Nay
Chu — Yea
Hadley — Yea
Alejo — Not Voting
Quirk — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Frazier — Nay
Gordon — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

SB 443 Mitchell Senate Third Reading By HADLEY

Failed 24 Yea · 44 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 2337011
Democratic 1201
Republican 0500
Total 2444012
% of votes cast 30%55%0%15%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Nay
Bigelow — Nay
Bloom — Yea
Brough — Yea
Brown — Not Voting
Low — Nay
Maienschein — Yea
Mathis — Nay
O'Donnell — Nay
Perea — Nay
Ridley-Thomas — Not Voting
Rodriguez — Nay
Thurmond — Yea
Waldron — Nay
Williams — Nay
Eggman — Not Voting
Cooper — Nay
Burke — Yea
Lopez — Yea
Gomez — Not Voting
Gordon — Yea
Harper — Yea
Atkins — Yea
Chang — Nay
Holden — Yea
Salas — Nay
Chiu — Yea
Jones-Sawyer — Yea
Kim — Nay
Gray — Nay
Levine — Yea
Linder — Nay
Mayes — Nay
Chu — Nay
McCarty — Yea
Baker — Nay
Chávez — Nay
Cooley — Nay
Dababneh — Yea
Daly — Nay
Dodd — Nay
Medina — Nay
Melendez — Nay
Olsen — Nay
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Nay
Bonilla — Not Voting
Mullin — Not Voting
Nazarian — Not Voting
Campos — Not Voting
Chau — Not Voting
Obernolte — Not Voting
Frazier — Nay
Gatto — Nay
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Nay
Jim Patterson — Nay
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Roger Hernández — Nay
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Nay
Gipson, Mike A. Democratic Not Voting
Irwin, Jacqui Democratic Nay
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 10 Yea · 2 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 9103
Democratic 1001
Republican 0101
Total 10205
% of votes cast 59%12%0%29%
How each member voted (17)
Member Party Vote
Wagner — Not Voting
Wood — Yea
Eggman — Yea
Chang — Not Voting
Holden — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Bigelow — Nay
Bloom — Yea
Weber — Yea
Gomez — Yea
Eduardo Garcia — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Not Voting
Gallagher, James Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

3rd Reading

Passed 38 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35101
Democratic 3000
Total 38101
% of votes cast 95%3%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Hill — Yea
Lara — Yea
Liu — Yea
Morrell — Yea
Wieckowski — Yea
Fuller — Yea
Allen — Yea
Cannella — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Leno — Yea
Pan — Yea
Beall — Yea
Block — Yea
Hall — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Leyva — Nay
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Not Voting
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay
Bates — Not Voting
Beall — Yea
Leyva — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
Bates — Yea
Beall — Yea
Leyva — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 443 do?
Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. In a forfeiture action with regards to cash or negotiable instruments of a value of not less than $25,000, existing law requires the state or local agency to prove by clear and convincing evidence that the property is subject to forfeiture. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. Existing law requires the Attorney General to publish an annual report on forfeiture within the state. This bill would require a prosecuting agency to seek or obtain a criminal conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors prior to an entry of judgment for recovery of expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. The bill would prohibit maintaining an action for recovery of expenses against a person who has been acquitted of the underlying criminal charges. The bill would prohibit state or local law enforcement agencies from transferring seized property to a federal agency seeking adoption by the federal agency of the seized property. The bill would further prohibit state or local agencies from receiving an equitable share from a federal agency of specified seized property if a conviction for the underlying offenses is not obtained, except as specified. The bill would require notices of a forfeiture action to contain additional details, such as the rights of an interested party at a forfeiture hearing. The bill would change the burden of proof that a state or local law enforcement agency must meet to succeed in a forfeiture action with regards to cash or negotiable instruments of a value not less than $25,000, but not more than $40,000, from a clear and convincing standard to beyond a reasonable doubt. The bill would require the Legislative Analyst's Office, on or before December 31, 2019, to submit a report to the Legislature on the economic impact of this change, and the above-described prohibition on receiving an equitable share from a federal agency, on state and local law enforcement budgets. The bill would make other related changes to court forfeiture proceedings. The bill would also require the Attorney General to include additional information on forfeiture actions in the annual report.
Who sponsors SB 443?
SB 443 is sponsored by Anderson, Mitchell, Hadley, Jackson, Jones-Sawyer, Leno, and Cristina Garcia.
What is the current status of SB 443?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track SB 443?
Track SB 443 free on One Click Politics — get push/email alerts when it moves.

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