SB 443 Summary

• Requires prosecutors to obtain a criminal conviction for unlawful manufacture or cultivation of controlled substances before recovering expenses for seizing, eradicating, or destroying such substances, and prohibits actions against acquitted defendants.

• Prohibits state and local law enforcement from transferring seized property to federal agencies for federal forfeiture adoption, and bars receipt of equitable federal forfeiture shares unless a conviction is obtained (with exceptions for cases involving $40,000+ in cash or negotiable instruments).

• Changes the burden of proof for forfeiture of cash or negotiable instruments valued between $25,000 and $40,000 from clear and convincing evidence to beyond a reasonable doubt.

• Requires forfeiture notices to include additional information about interested parties' rights at forfeiture hearings and the legal consequences of failing to respond.

• Directs the Legislative Analyst's Office to report by December 31, 2019, on the economic impact of these changes on state and local law enforcement budgets.