Law Makes It Easier to Seize Drug Assets in State Courts

Law enforcement agencies around California have earned more than $50 million in U.S. District Court proceedings under a 1984 federal law that allows them to keep up to 90% of the assets seized in drug cases. But because of two developments, police in most cases now will be going through state courts to confiscate cash, homes or other assets of drug dealers.

First, the U.S. Drug Enforcement Agency announced earlier this year that it would be more hesitant to “adopt” drug cases in California, a procedure necessary for the forfeiture action to be filed in federal court. The announcement was prompted by long delays caused by a flood of applications from the area into the federal office that handles the forfeiture program.

Secondly, the Legislature approved changes in the state’s own 1983 asset forfeiture law to make it more appealing to police. The new legislation, signed into law Sept. 24 by Gov. George Deukmejian:

* Increases from 65% to 76.5% the share of seized assets that can be kept by local police. The prosecuting agency that processed the claim is to receive 13.5% and the remaining 10% is to be split between the state Department of Mental Health and the Los Angeles County office of education for its Gang Risk Intervention Pilot Program.

* Enables police departments to keep seized cars and other vehicles, which previously would have been auctioned by the state.

* Reduces prosecutors’ burden of proof in such proceedings to a “preponderance of evidence.” Previously, prosecutors had the tougher job of showing by “clear and convincing” evidence or “beyond a reasonable doubt” that the seized assets were tied to illegal drug sales.