BILL NUMBER: SB 443	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Mitchell

                        FEBRUARY 25, 2015

   An act to amend 11471 of the Health and Safety Code, relating to
forfeiture.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 11471 of the Health and Safety Code is amended
to read:
   11471.   (a)    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) 
    (1)  The seizure is incident to an arrest or a search
under a search warrant. 
   (b) 
    (2)  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) 
    (3)  There is probable cause to believe that the
property is directly or indirectly dangerous to health or safety.

   (d) 
    (4)  There is probable cause to believe that the
property was used or is intended to be used in violation of this
division. 
   (e) 
    (5)  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) 
    (6)  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 
 the  records were seized.