Sacramento >> In an effort to fight criminal organizations, a newly proposed bill could give prosecutors the power to freeze illicit profits before filing criminal charges.

From drug-selling rings in Salinas’ Chinatown to corruption scandals with more than $10,000 at stake, the Assembly bill introduced Monday would allow prosecutors to seize assets before initiating criminal proceedings — a power only available at the federal-level — if there is a “substantial probability” they will file a criminal complaint.

“It would let us get (assets) before they are gone, before the defendants have a chance to react and hide it,” said Berkley Brannon, chief assistant district attorney for Monterey County, who supports the bill.

Authored by Luis Alejo, D-Watsonville, the new bill would give prosecutors a 90-day head start to seize the illicit profits, while they get ready to present a case. Existing state law requires prosecutors to file both a petition of forfeiture and criminal charges at the same time.

“By freezing the assets of criminal organizations, we hit them where it hurts most, and we can put a halt to their operations,” Alejo said.

Salinas Police Deputy Chief Terry Gerhardstein said he is optimistic about the changes the bill could bring to Salinas, but said criminals “become wiser” when law enforcement agencies change their tactics, which could lead criminals to act differently.

“But any time we can get a hold of their money quicker, then we have an advantage,” Gerhardstein said.

Brannon argued criminals would have a hard time responding to the new tactic.

“When you create a tactical advantage the enemy will find a way to respond, but the difficulty for the criminal racketeering enterprise here is that before they are aware of law enforcement being involved, their money could be seized,” he said.

One issue behind this bill could be the possibility of seizing assets without proving they are illicit before a judge.

The target

The bill comes a month after U.S. Attorney General Eric Holder sharply limited a civil asset forfeiture program that had come under bipartisan scrutiny. A number of ideologically opposed groups, including American Civil Liberties Union, The Institute for Justice and Americans for Tax Reform, have all criticized forfeiture programs, particularly when no criminal charges are filed.

The bill is being sponsored by Attorney General Kamala Harris, who has focused on battling transnational criminal organizations. Harris said those groups have made California the biggest point of entry for methamphetamine trafficking into the United States, adding that this bill could equip local and state law enforcement with tools to “dismantle these dangerous organizations.”

The Norteño and Sureño criminal street gangs, which have ties to the Mexican Mafia, operate predominantly in the Salinas Valley, and are known for committing robberies, shootings and assaults. Harris said in a 2012 report the two gangs often work with Mexico-based drug trafficking organizations.

“Transnational criminal organizations rely on a steady flow of billions of dollars in laundered money to support their operations,” Harris said in a statement. “The legislation I am sponsoring will equip local and state law enforcement with more tools to target their illicit profits and dismantle these dangerous organizations.”

Gang-related crime is not the only crime targeted in the bill. It would also allow seizures for crimes such as arson, bribery, child pornography, gambling and even trafficking endangered species.

Ana Ceballos can be reached at 726-4377.