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From: Susan W. Wells <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject:      Fwd: FEAR: Urgent: California forfeiture reform bill hearing
Date: Friday, May 05, 2000 6:06 PM

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Date: Fri, 05 May 2000 12:16:03 -0700
From: Brenda Grantland <[EMAIL PROTECTED]>
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To: "[EMAIL PROTECTED]" <[EMAIL PROTECTED]>
Subject: FEAR: Urgent: California forfeiture reform bill hearing
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Reply-To: Brenda Grantland <[EMAIL PROTECTED]>
Organization: Forfeiture Endangers American Rights  http://www.fear.org/

On Tuesday, May 9 the California Senate Public Safety Committee will
hold hearings on SB 2106.  This bill, introduced by Orange County
Republican Senator John Lewis, will amend California forfeiture law to:

(1) allow release of seized property to the property owner pending trial
on a showing of substantial hardship.  (This reform was recently made to
federal law in the Civil Asset Forfeiture Reform Act of 2000, which was
enacted on April 25.)

(2) make the state liable for damages to property during the period of
detention if the property owner wins, and is either an innocent owner or
is acquitted of the underlying criminal offense.  (CAFRA made a similar
change to federal law).

(3) clarify a provision in Health & Safety Code Sec. 502.01, which
provides for forfeiture of computers used to commit computer crimes.
The current statute allows parents to avoid forfeiture of the computer
used by minors to commit computer crimes if the parents sign a statement
saying that the minor won't have access to the home computer for two
years, but allows forfeiture of the computer if the minor commits a
computer crime within that two year period.  SB 2106 would require that
the second crime be committed on the family computer (instead of a
school computer or some other computer which the parent could not
police) in order to subject the family computer to forfeiture.

Anyone who wants to attend the hearing should be at the Senate Public
Safety Committee hearing room (Room 4203) at 9:30 a.m.




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