Law enforcement officials across California will no longer be able to share in the proceeds of most cash and property seizures unless there is a criminal conviction resulting from the case, under a bill signed Thursday by Gov. Jerry Brown.

The legislation, authored by Sen. Holly Mitchell, D-Los Angeles, represents a significant win for civil-right advocates, who have complained for years that the law gives police and sheriff agencies a financial incentive to seize cash and other assets.

“Why should private property be forfeited to the police agency which confiscated it when no conviction has shown any connection to a crime?” Mitchell asked, when urging Brown to sign her bill. “Innocent until proven guilty is the law of the land.”

Brown, who is signing and rejecting hundreds of bills in the hours before the Friday deadline, did not issue a signing statement explaining his decision.


The American Civil Liberties Union, which has made the so-called asset forfeiture rules a top priority this year, applauded Brown’s decision Thursday.

“For years, asset forfeiture abuse has wreaked havoc on innocent people throughout the country, especially people of color, immigrants, and low-income people who cannot afford to fight the government in court,” said Mica Doctoroff of ACLU of California Center for Advocacy and Policy.

The ACLU issued a report earlier this year that found what it called widespread abuse of federal civil-asset forfeiture rules.

According to the study, 85 percent of the proceeds of federally seized assets in California went to agencies in jurisdictions where a majority of residents are people of color. It also said half of U.S. Drug Enforcement Administration seizures in California involved people with Latino surnames.


“SB 443 will not only rein in the abuse in California, but also offers a blueprint for workable solutions to other states seeking reform,” Doctoroff said.

San Diego County law enforcement agencies collect millions of dollars a year under the federal civil-asset forfeiture program, money they can spend in a variety of ways.

San Diego police used some of their funds to pay for helicopter insurance. The sheriff’s department spent part of its seized assets on overtime and new construction. The District Attorney’s Office spent some of its revenue on travel, training and a banquet honoring courageous citizens, The San Diego Union-Tribune reported earlier this year.

State law already required an underlying conviction for law enforcement to retain any seized assets.


But local police ad sheriff’s departments regularly partner with federal agencies like the DEA and take property from criminal suspects under U.S. law, which does not require the suspect to be criminally convicted.

Under the new law, state and local police agencies can only receive a portion of the seized cash or property in federal cases if there is an underlying conviction or if the forfeited property is $40,000 or more in cash.

In state cases, cash amounts of less than $40,000 can only be forfeited with an accompanying conviction. The $40,000 threshold was raised from $25,000.

The $40,000 threshold is important because numerous studies have shown police regularly used the forfeiture rules to seize relatively small amounts of cash from people on their way to rent an apartment or buy a used car.


Joseph Villela of the Coalition for Humane Immigrant Rights of Los Angeles, said the new law will help ease tensions between law enforcement agencies and minority communities.

“In addition to providing due process to all Californians, the enactment of this bill would further restore trust between law enforcement and immigrant communities,” he said.

The legislation is scheduled to take effect Jan. 1, 2017.