From: NORML California <[canor m l] at [igc.apc.org]> Newsgroups: talk.politics.drugs Date: 20 May 93 22:51 PDT Subject: Cal. Forfeiture Reform Advances Attorney General Lungren Backs Down on Asset Forfeiture, Clearing Way for Reform Bill SACRAMENTO, MAY 18: Forfeiture reform supporters won a victory at the California State Senate Judiciary Committee, as Attorney General Dan Lungren offered to amend a forfeiture bill sponsored by Sen. Ken Maddy, dropping provisions that would strengthen the current law and replacing them with provisions to provide better protection to defendants. In a major victory for NORML and FEAR (Forfeiture Endangers American Rights), Lungren reluctantly agreed to drop a proposal that would have for the first time extended state forfeiture law to homes and land used to cultivate 100 or more marijuana plants. Senators were clearly impressed by testimony about forfeiture- related misconduct in the Los Angeles County Sheriff's Department, especially the recent killing of Malibu millionaire Don Scott, murdered in his home by narcotics agents during an ill-founded marijuana raid apparently motivated by the hopes of forfeiting his multimillion-dollar estate. Surprisingly, Lungren also agreed to withdraw language that would have established a presumption of forfeitability for assets found in the proximity of suspect material, and instead agreed to strengthen the presumption of innocence in current law by requiring "clear and convincing" evidence of criminal involvement, rather than a mere "preponderance" of evidence as currently required. Lungren also agreed to extend the filing deadline for owners seeking to contest seizure. Lungren's concessions were ostensibly aimed at staving off a stronger forfeiture reform bill, AB 114, sponsored by Assemblyman John Burton (D-San Francisco), which, in addition to imposing the "clear and convincing" evidence standard, would require the government to pay attorney's fees and would change the way in which forfeiture revenues are apportioned, distributing them to a statewide fund rather than local law enforcement so as to discourage police "bounty-hunting." The committee postponed voting on the Lungren proposal, which was carried in a bill by State Senator Ken Maddy (R-Fresno), SB 1158. However, Lungren's concessions appear to guarantee that whatever bill is finally adopted will be more protective of civil liberties than the current law. California's current asset forfeiture law is scheduled to sunset at the end of 1993, so that failure to pass a new law will mean an end to state forfeiture revenues. District attorneys and police from throughout the state turned out in force in support of the Maddy bill and against the Burton bill, saying that loss of forfeiture funds would mean cutbacks in police-sponsored drug education programs like DARE. However, lawmakers appeared moved by an upswell of public resistance to forfeiture abuse, not only from civil liberties groups such as FEAR, NORML, the ACLU and National Association of Criminal Defense Lawyers, but also from restaurant and hotel, banking, and real estate business associations. Reformers were elated at their victory. "The tide has turned," said California NORML coordinator Dale Gieringer, "For the first time, we are seeing bad anti-drug legislation rolled back."