BILL NUMBER: AB 639	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Norby

                        FEBRUARY 16, 2011

   An act to amend Section 11471 of the Health and Safety Code,
relating to controlled substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 639, as introduced, Norby. Controlled substances.
   Existing law provides that property subject to forfeiture in
connection with specified violations of law pertaining to controlled
substances may be seized by any peace officer upon process issued by
any court having jurisdiction over the property, and that seizure
without process may be made if any of certain specified situations
exist.
   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 1.  Section 11471 of the Health and Safety Code is amended
to read:
   11471.  Property  that is  subject to forfeiture under
this division may be seized by any peace officer upon process issued
by any court having jurisdiction over the property. Seizure without
process may be made if any of the following situations exist:
   (a) The seizure is incident to an arrest or a search under a
search warrant.
   (b) The property subject to seizure has been the subject of a
prior judgment in favor of the state in a criminal injunction or
forfeiture proceeding based upon this division.
   (c) There is probable cause to believe that the property is
directly or indirectly dangerous to health or safety.
   (d) There is probable cause to believe that the property was used
or is intended to be used in violation of this division.
   (e) Real property subject to forfeiture may not be seized, absent
exigent circumstances, without notice to the interested parties and a
hearing to determine that seizure is necessary to preserve the
property pending the outcome of the proceedings. At the hearing, the
prosecution shall bear the burden of establishing that probable cause
exists for the forfeiture of the property and that seizure is
necessary to preserve the property pending the outcome of the
forfeiture proceedings. The court may issue seizure orders pursuant
to this section if it finds that seizure is warranted or pendente
lite orders pursuant to Section 11492 if it finds that the status quo
or value of the property can be preserved without seizure.
   (f) Where business records are seized in conjunction with the
seizure of property subject to forfeiture, the seizing agency shall,
upon request, provide copies of the records to the person, persons,
or business entity from whom such records were seized.