By Arthur Christopher Schaper ——Bio and Archives--August 26, 2016
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The conviction requirement remains in this version of the bill, but a section has been added to allow police to seek seizure without a conviction if the defendant doesn't show up for court, flees to evade prosecution, or is deceased.Some conservatives bellyached, claiming that more wealthy property owners would fall victim to legalized theft. I disagree. This reform is monumental. A freshman Republican Assemblyman smoothed over resistance from colleagues on both sides of the aisle to pass a compromise which expands liberty while limiting the power of the state. He played offense to get this monumental reform through the state legislature in one of the bluest states in the union. Hadley reported on the compromise:
I am proud to be the principal co-author of a significant bipartisan reform bill, SB 443, which passed the Assembly 69-7 on Monday. Los Angeles Senator Holly Mitchell - from across the aisle - is the bill's lead author. SB 443 reforms civil asset forfeiture, by which law enforcement can take a suspect's cash and property without obtaining a conviction or even charging the suspect with a crime. SB 443 is a well-structured compromise, the product of several months of serious work. It improves Constitutional protections for Americans while enabling law enforcement to retain an important tool as they combat drug trafficking and organized crime. Back to the Senate for a concurring vote, and on to Governor Brown's desk! SB 443 is a good example of how bipartisanship and hard work have yielded a great result!Organized crime will still face stiff challenges to their operations, but innocent individual property owners will no longer have to endure legalized theft from rapacious police departments. Despite its disturbing left-leaning agenda in the past, the American Civil Liberties Union is embracing more libertarian views, which appeal to conservatives. ACLU SoCal praised the passage of SB 1146:
SACRAMENTO—A California bill to limit civil asset forfeiture abuses was approved today by the State Assembly on a 66 to 8 vote. The bill will now return to the Senate for a concurrence vote. Senate Bill 443, co-authored by Senator Holly Mitchell (D-Los Angeles) and Assemblymember David Hadley (R-Manhattan Beach), provides individuals with stronger property rights protections by requiring a conviction in most state civil asset forfeiture cases. The bill also addresses a problematic financial incentive that has driven some California law enforcement agencies to bypass state law in favor of federal law, opening the door to abuses. “Today’s vote is a tremendous victory for fairness and justice,” said Margaret Dooley-Sammuli, criminal justice and drug policy director for the ACLU of California. “For years, the scales of justice were tipped in favor of profits and against the fundamental rights of countless Californians who were unfairly deprived of their life savings and property through civil forfeiture laws. Today, the Legislature got it right.”This is the essence of “people before profits”, and a conservative reform to boot! In California, the Democratic Party Dominance is riddled with cronyism and corruption, has created lawmakers who enrich themselves. Nevertheless, a Republican from a swing district, the number-one contested seat in California, pulled off a major pro-freedom reform. Liberty is making a comeback in the USA, and in the most unlikely of places. Here’s to more states embracing future reforms.
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Arthur Christopher Schaper is a teacher-turned-writer on topics both timeless and timely; political, cultural, and eternal. A life-long Southern California resident, Arthur currently lives in Torrance.
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