CA AB443

Allows prosecuting agencies to file forfeiture petitions prior to criminal proceedings if assets exceed $100,000 and there is substantial probability of filing charges and prevailing on forfeiture, and property risks destruction or removal from court jurisdiction.

Requires that pre-criminal forfeiture petitions only proceed if there is substantial probability the assets represent proceeds of criminal activity committed for the benefit of, at the direction of, or in association with a transnational criminal organization.

Permits persons claiming property interest to move for return of property on grounds of insufficient probable cause, and requires courts to order release if prosecuting agency fails to establish substantial probability of forfeiture.

Requires the Attorney General to report to the Senate and Assembly Public Safety Committees and the Governor by January 1, 2018, on the use of pre-criminal forfeiture proceedings, including number of cases, property values seized, charges filed, and property returns.

Repeals all amendments regarding pre-criminal forfeiture proceedings on January 1, 2019, reverting to the requirement that forfeiture petitions be filed in conjunction with criminal proceedings.