SB 443, as introduced, Mitchell. Forfeiture: controlled substances.
Existing law subjects certain property to forfeiture, such as controlled substances and equipment used to process controlled substances. Existing law allows peace officers, under specified circumstances, to seize property that is subject to forfeiture.
This bill would make a technical, nonsubstantive change to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11471 of the Health and Safety Code is
2amended to read:
begin insert(a)end insertbegin insert end insert Propertybegin insert that isend insert subject to forfeiture under this
4division may be seized by any peace officer upon process issued
5by any court having jurisdiction over the property. Seizure without
6process may be made if any of the following situations exist:
7(a)
end delete
8begin insert(1)end insert The seizure is incident to an arrest or a search under a search
9warrant.
10(b)
end delete
P2 1begin insert(2)end insert The property subject to seizure has been the subject of a
2prior judgment in favor of the state in a criminal injunction or
3forfeiture proceeding based upon this division.
4(c)
end delete
5begin insert(3)end insert There is probable cause to believe that the property is directly
6or indirectly dangerous to health or safety.
7(d)
end delete
8begin insert(4)end insert There is probable cause to believe that the property was used
9or is intended to be used in violation of this division.
10(e)
end delete
11begin insert(5)end insert Real property subject to forfeiture may not be seized, absent
12exigent circumstances, without notice to the interested parties and
13a hearing to determine that seizure is necessary to preserve the
14property pending the outcome of the proceedings. At the hearing,
15the prosecution shall bear the burden of establishing that probable
16cause exists for the forfeiture of the property and that seizure is
17necessary to preserve the property pending the outcome of the
18forfeiture
proceedings. The court may issue seizure orders pursuant
19to this section if it finds that seizure is warranted or pendente lite
20orders pursuant to Section 11492 if it finds that the status quo or
21value of the property can be preserved without seizure.
22(f)
end delete
23begin insert(6)end insert Where business records are seized in conjunction with the
24seizure of property subject to forfeiture, the seizing agency shall,
25upon request, provide copies of the records to the person, persons,
26or business entity from whombegin delete suchend deletebegin insert theend insert records were
seized.
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