Amended in Assembly June 1, 2016

Amended in Assembly September 4, 2015

Amended in Assembly September 1, 2015

Amended in Assembly July 16, 2015

Amended in Senate June 2, 2015

Amended in Senate April 6, 2015

Senate BillNo. 443


Introduced by Senator Mitchell

(Principal coauthor: Senator Leno)

(Principal coauthors: Assembly Members Cristina Garcia and Hadley)

(Coauthors: Senators Anderson and Jackson)

(Coauthor: Assembly Member Jones-Sawyer)

February 25, 2015


An act to amend Sections 11470.1, 11488.4, 11488.5, and 11495 of, and to add Section 11471.2 to, the Health and Safety Code, relating to forfeiture.

LEGISLATIVE COUNSEL’S DIGEST

SB 443, as amended, Mitchell. Forfeiture:begin insert assets:end insert 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. Existing law authorizes specified public agencies to bring an action to recover expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. In a forfeiture action with regards to cash or negotiable instruments of a value of not less than $25,000, existing law requires the state or local agency to prove by clear and convincing evidence that the property is subject to forfeiture. Existing law requires seized property or the proceeds from the sale of that property to be distributed among specified entities. Existing law requires the Attorney General to publishbegin delete a yearlyend deletebegin insert an annualend insert report on forfeiture within the state.

This bill would require a prosecuting agency to seek or obtain a criminal conviction for the unlawful manufacture or cultivation of any controlled substance or its precursors prior to an entry of judgment for recovery of expenses of seizing, eradicating, destroying, or taking remedial action with respect to any controlled substance. The bill would prohibit maintaining an action for recovery of expenses against a person who has been acquitted of the underlying criminal charges.

The bill would prohibit state or local law enforcement agencies from transferring seized property to a federal agency seeking adoption by the federal agency of the seized property. The bill would further prohibit state or local agencies from receiving an equitable share from a federal agency of specified seized property if a conviction for the underlying offenses is notbegin delete obtained.end delete

begin deleteThe end deletebegin insert obtained, except as specified. The end insertbill would require notices of a forfeiture action to contain additional details, such as the rights of an interested party at a forfeiture hearing.begin delete Theend delete

begin insert Theend insert bill would change the burden of proof that a state or local law enforcement agency must meet to succeed in a forfeiture action with regards to cash or negotiable instruments of a value not less than $25,000, from a clear and convincing standard to beyond a reasonablebegin delete doubt.end deletebegin insert doubt and would require a criminal conviction for a related offense. The bill would require the Legislative Analyst’s Office, on or before December 31, 2019, to submit a report to the Legislature on the economic impact of this change, and the above-described prohibition on receiving an equitable share from a federal agency, on state and local law enforcement budgets.end insert The bill wouldbegin delete alsoend delete make otherbegin delete specifiedend deletebegin insert relatedend insert changes to court forfeiture proceedings. The bill would also require the Attorney General to include additional information on forfeiture actions in thebegin delete yearlyend deletebegin insert annualend insert report.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 11470.1 of the Health and Safety Code
2 is amended to read:

3

11470.1.  

(a) The expenses of seizing, eradicating, destroying,
4or taking remedial action with respect to, any controlled substance
5or its precursors shall be recoverable from:

6(1) Any person who manufactures or cultivates a controlled
7substance or its precursors in violation of this division.

8(2) Any person who aids and abets or who knowingly profits
9in any manner from the manufacture or cultivation of a controlled
10substance or its precursors on property owned, leased, or possessed
11by the defendant, in violation of this division.

12(b) The expenses of taking remedial action with respect to any
13 controlled substance or its precursors shall also be recoverable
14from any person liable for the costs of that remedial action under
15Chapter 6.8 (commencing with Section 25300) of Division 20 of
16the Health and Safety Code.

17(c) It shall be necessary to seek or obtain a criminal conviction
18for the unlawful manufacture or cultivation of any controlled
19substance or its precursors prior to the entry of judgment for the
20recovery of expenses. If criminal charges are pending against the
21defendant for the unlawful manufacture or cultivation of any
22controlled substance or its precursors, an action brought pursuant
23to this section shall, upon a defendant’s request, be continued while
24the criminal charges are pending.

25(d) The action may be brought by the district attorney, county
26counsel, city attorney, the State Department of Health Care
27Services, or Attorney General. All expenses recovered pursuant
28to this section shall be remitted to the law enforcement agency
29which incurred them.

30(e) (1) The burden of proof as to liability shall be on the plaintiff
31and shall be by a preponderance of the evidence in an action
32alleging that the defendant is liable for expenses pursuant to
33paragraph (1) of subdivision (a). The burden of proof as to liability
34shall be on the plaintiff and shall be by clear and convincing
35evidence in an action alleging that the defendant is liable for
36expenses pursuant to paragraph (2) of subdivision (a). The burden
37of proof as to the amount of expenses recoverable shall be on the
P4    1plaintiff and shall be by a preponderance of the evidence in any
2action brought pursuant to subdivision (a).

3(2) Notwithstanding paragraph (1), for any person convicted of
4a criminal charge of the manufacture or cultivation of a controlled
5substance or its precursors there shall be a presumption affecting
6the burden of proof that the person is liable.

7(f) Only expenses which meet the following requirements shall
8be recoverable under this section:

9(1) The expenses were incurred in seizing, eradicating, or
10destroying the controlled substance or its precursors or in taking
11remedial action with respect to a hazardous substance. These
12expenses may not include any costs incurred in use of the herbicide
13paraquat.

14(2) The expenses were incurred as a proximate result of the
15defendant’s manufacture or cultivation of a controlled substance
16in violation of this division.

17(3) The expenses were reasonably incurred.

18(g) For purposes of this section, “remedial action” shall have
19the meaning set forth in Section 25322.

20(h) For the purpose of discharge in bankruptcy, a judgment for
21recovery of expenses under this section shall be deemed to be a
22debt for willful and malicious injury by the defendant to another
23entity or to the property of another entity.

24(i) Notwithstanding Section 526 of the Code of Civil Procedure,
25the plaintiff may be granted a temporary restraining order or a
26preliminary injunction, pending or during trial, to restrain the
27defendant from transferring, encumbering, hypothecating, or
28otherwise disposing of any assets specified by the court, if it
29appears by the complaint that the plaintiff is entitled to the relief
30demanded and it appears that the defendant may dispose of those
31assets to thwart enforcement of the judgment.

32(j) The Legislature finds and declares that civil penalties for the
33recovery of expenses incurred in enforcing the provisions of this
34division shall not supplant criminal prosecution for violation of
35those provisions, but shall be a supplemental remedy to criminal
36enforcement.

37(k) Any testimony, admission, or any other statement made by
38the defendant in any proceeding brought pursuant to this section,
39or any evidence derived from the testimony, admission, or other
P5    1statement, shall not be admitted or otherwise used in any criminal
2proceeding arising out of the same conduct.

3(l) No action shall be brought or maintained pursuant to this
4section against a person who has been acquitted of criminal charges
5for conduct that is the basis for an action under this section.

6

SEC. 2.  

Section 11471.2 is added to the Health and Safety
7Code
, to read:

8

11471.2.  

(a) State or local law enforcement authorities shall
9not refer or otherwise transfer property seized under state law
10authorizing the seizure of property to a federal agency seeking the
11adoption of the seized property by the federal agency for
12proceeding with federalbegin delete forfeiture.end deletebegin insert forfeiture under the federal
13Controlled Substances Act.end insert
Nothing in this section shall be
14construed to prohibit the federal government, or any of its agencies,
15from seizing property, seeking forfeiture under federal law, or
16sharing federally forfeited property with state or local law
17enforcement agencies when those state or local agencies work with
18federal agencies in joint investigations arising out of federal law
19or federal joint task forces comprised of federal and state or local
20agencies.begin insert Nothing in this section shall be construed to prohibit
21state or local law enforcement agencies from participating in a
22joint law enforcement operation with federal agencies.end insert

23(b) begin deleteA end deletebegin insertExcept as provided in subdivision (c), a end insertstate or local law
24enforcement agency participating in a joint investigation with a
25federal agency shall not receive an equitable share from the federal
26agency of all or a portion of the forfeited property or proceeds
27from the sale of property forfeited pursuant tobegin delete federal lawend deletebegin insert the
28federal Controlled Substances Actend insert
unless a defendant is convicted
29in an underlying or related criminal action of an offense for which
30property is subject to forfeiture as specified in Section 11470 or
31Section 11488, or an offense underbegin delete federal lawend deletebegin insert the federal
32Controlled Substances Actend insert
that includes all of the elements of an
33offense for which property is subject to forfeiture as specified in
34Sections 11470 and 11488.

begin insert

35
(c) If the defendant has been arrested and charged in an
36underlying or related criminal action or proceeding for an offense
37described in subdivision (b) and willfully fails to appear as
38required, intentionally flees to evade prosecution, or is deceased,
39there shall be no requirement of a criminal conviction as a
P6    1prerequisite to receipt by state or local law enforcement agencies
2of an equitable share from federal authorities.

end insert
3

SEC. 3.  

Section 11488.4 of the Health and Safety Code is
4amended to read:

5

11488.4.  

(a) (1) Except as provided in subdivision (j), if the
6Department of Justice or the local governmental entity determines
7that the factual circumstances do warrant that the moneys,
8negotiable instruments, securities, or other things of value seized
9or subject to forfeiture come within the provisions of subdivisions
10(a) to (g), inclusive, of Section 11470, and are not automatically
11made forfeitable or subject to court order of forfeiture or
12destruction by another provision of this chapter, the Attorney
13General or district attorney shall file a petition of forfeiture with
14the superior court of the county in which the defendant has been
15charged with the underlying criminal offense or in which the
16 property subject to forfeiture has been seized or, if no seizure has
17occurred, in the county in which the property subject to forfeiture
18is located. If the petition alleges that real property is forfeitable,
19the prosecuting attorney shall cause a lis pendens to be recorded
20in the office of the county recorder of each county in which the
21real property is located.

22(2) A petition of forfeiture under this subdivision shall be filed
23as soon as practicable, but in any case within one year of the seizure
24of the property which is subject to forfeiture, or as soon as
25practicable, but in any case within one year of the filing by the
26Attorney General or district attorney of a lis pendens or other
27process against the property, whichever is earlier.

28(b) Physical seizure of assets shall not be necessary in order to
29have that particular asset alleged to be forfeitable in a petition
30under this section. The prosecuting attorney may seek protective
31orders for any asset pursuant to Section 11492.

32(c) The Attorney General or district attorney shall make service
33of process regarding this petition upon every individual designated
34in a receipt issued for the property seized. In addition, the Attorney
35General or district attorney shall cause a notice of the seizure, if
36any, and of the intended forfeiture proceeding, as well as a notice
37stating that any interested party may file a verified claim with the
38superior court of the county in which the property was seized or
39if the property was not seized, a notice of the initiation of forfeiture
40proceedings with respect to any interest in the property seized or
P7    1subject to forfeiture, to be served by personal delivery or by
2registered mail upon any person who has an interest in the seized
3property or property subject to forfeiture other than persons
4designated in a receipt issued for the property seized. Whenever
5a notice is delivered pursuant to this section, it shall be
6accompanied by a claim form as described in Section 11488.5 and
7directions for the filing and service of a claim.

8(d) An investigation shall be made by the law enforcement
9agency as to any claimant to a vehicle, boat, or airplane whose
10right, title, interest, or lien is of record in the Department of Motor
11Vehicles or appropriate federal agency. If the law enforcement
12agency finds that any person, other than the registered owner, is
13the legal owner thereof, and that ownership did not arise subsequent
14to the date and time of arrest or notification of the forfeiture
15 proceedings or seizure of the vehicle, boat, or airplane, it shall
16forthwith send a notice to the legal owner at his or her address
17appearing on the records of the Department of Motor Vehicles or
18appropriate federal agency.

19(e) When a forfeiture action is filed, the notices shall be
20published once a week for three successive weeks in a newspaper
21of general circulation in the county where the seizure was made
22or where the property subject to forfeiture is located.

23(f) All notices shall set forth the time within which a claim of
24interest in the property seized or subject to forfeiture is required
25to be filed pursuant to Section 11488.5. The notices shall explain,
26in plain language, what an interested party must do and the time
27in which the person must act to contest the forfeiture in a hearing.
28The notices shall state what rights the interested party has at a
29hearing. The notices shall also state the legal consequences for
30failing to respond to the forfeiture notice.

31(g) Nothing contained in this chapter shall preclude a person,
32other than a defendant, claiming an interest in property actually
33seized from moving for a return of property if that person can show
34standing by proving an interest in the property not assigned
35subsequent to the seizure or filing of the forfeiture petition.

36(h) (1) If there is an underlying or related criminal action, a
37defendant may move for the return of the property on the grounds
38that there is not probable cause to believe that the property is
39forfeitable pursuant to subdivisions (a) to (g), inclusive, of Section
4011470 and is not automatically made forfeitable or subject to court
P8    1order of forfeiture or destruction by another provision of this
2chapter. The motion may be made prior to, during, or subsequent
3to the preliminary examination. If made subsequent to the
4preliminary examination, the Attorney General or district attorney
5may submit the record of the preliminary hearing as evidence that
6probable cause exists to believe that the underlying or related
7criminal violations have occurred.

8(2) Within 15 days after a defendant’s motion is granted, the
9people may file a petition for a writ of mandate or prohibition
10seeking appellate review of the ruling.

11(i) (1) With respect to property described in subdivisions (e)
12and (g) of Section 11470 for which forfeiture is sought and as to
13which forfeiture is contested, the state or local governmental entity
14shall have the burden of proving beyond a reasonable doubt that
15the property for which forfeiture is sought was used, or intended
16to be used, to facilitate a violation of one of the offenses
17enumerated in subdivision (f) or (g) of Section 11470.

18(2) In the case of property described in subdivision (f) of Section
1911470, for which forfeiture is sought and as to which forfeiture is
20contested, the state or local governmental entity shall have the
21burden of proving beyond a reasonable doubt that the property for
22which forfeiture is sought meets the criteria for forfeiture described
23in subdivision (f) of Section 11470.

24(3) In the case of property described in paragraphs (1) and (2),
25 where forfeiture is contested, a judgment of forfeiture requires as
26a condition precedent thereto, that a defendant be convicted in an
27underlying or related criminal action of an offense specified in
28subdivision (f) or (g) of Section 11470 which offense occurred
29within five years of the seizure of the property subject to forfeiture
30or within five years of the notification of intention to seek
31forfeiture. If the defendant is found guilty of the underlying or
32related criminal offense, the issue of forfeiture shall be tried before
33the same jury, if the trial was by jury, or tried before the same
34court, if trial was by court, unless waived by all parties. The issue
35of forfeiture shall be bifurcated from the criminal trial and tried
36after conviction unless waived by all the parties.

37(4) If there is an underlying or related criminal action, and a
38criminal conviction is required before a judgment of forfeiture
39may be entered, the issue of forfeiture shall be tried in conjunction
40therewith. In such a case, the issue of forfeiture shall be bifurcated
P9    1from the criminal trial and tried after conviction unless waived by
2the parties. Trial shall be by jury unless waived by all parties. If
3there is no underlying or related criminal action, the presiding
4judge of the superior court shall assign the action brought pursuant
5to this chapter for trial.

6(j) The Attorney General or the district attorney of the county
7in which property is subject to forfeiture under Section 11470 may,
8pursuant to this subdivision, order forfeiture of personal property
9not exceeding twenty-five thousand dollars ($25,000) in value.
10The Attorney General or district attorney shall provide notice of
11proceedings under this subdivision pursuant to subdivisions (c),
12(d), (e), and (f), including:

13(1) A description of the property.

14(2) The appraised value of the property.

15(3) The date and place of seizure or location of any property
16not seized but subject to forfeiture.

17(4) The violation of law alleged with respect to forfeiture of the
18property.

19(5) (A) The instructions for filing and serving a claim with the
20Attorney General or the district attorney pursuant to Section
2111488.5 and time limits for filing a claim and claim form.

22(B) If no claims are timely filed, the Attorney General or the
23district attorney shall prepare a written declaration of forfeiture of
24the subject property to the state and dispose of the property in
25accordance with Section 11489. A written declaration of forfeiture
26signed by the Attorney General or district attorney under this
27subdivision shall be deemed to provide good and sufficient title
28to the forfeited property. The prosecuting agency ordering forfeiture
29pursuant to this subdivision shall provide a copy of the declaration
30of forfeiture to any person listed in the receipt given at the time of
31seizure and to any person personally served notice of the forfeiture
32proceedings.

33(C) If a claim is timely filed, then the Attorney General or
34district attorney shall file a petition of forfeiture pursuant to this
35section within 30 days of the receipt of the claim. The petition of
36forfeiture shall then proceed pursuant to other provisions of this
37chapter, except that no additional notice need be given and no
38additional claim need be filed.

39(k) If in any underlying or related criminal action or proceeding,
40in which a petition for forfeiture has been filed pursuant to this
P10   1section, and a criminal conviction is required before a judgment
2of forfeiture may be entered, the defendant willfully fails to appear
3as required, there shall be no requirement of a criminal conviction
4as a prerequisite to the forfeiture. In these cases, forfeiture shall
5be ordered as against the defendant and judgment entered upon
6default, upon application of the state or local governmental entity.
7In its application for default, the state or local governmental entity
8shall be required to give notice to the defendant’s attorney of
9record, if any, in the underlying or related criminal action, and to
10make a showing of due diligence to locate the defendant. In moving
11for a default judgment pursuant to this subdivision, the state or
12local governmental entity shall be required to establish a prima
13facie case in support of its petition for forfeiture.

14

SEC. 4.  

Section 11488.5 of the Health and Safety Code is
15amended to read:

16

11488.5.  

(a) (1) Any person claiming an interest in the
17property seized pursuant to Section 11488 may, unless for good
18cause shown the court extends the time for filing, at any time within
1930 days from the date of the last publication of the notice of seizure,
20if that person was not personally served or served by mail, or within
2130 days after receipt of actual notice, file with the superior court
22of the county in which the defendant has been charged with the
23underlying or related criminal offense or in which the property
24was seized or, if there was no seizure, in which the property is
25located, a claim, verified in accordance with Section 446 of the
26Code of Civil Procedure, stating his or her interest in the property.
27An endorsed copy of the claim shall be served by the claimant on
28the Attorney General or district attorney, as appropriate, within
2930 days of the filing of the claim. The Judicial Council shall
30develop and approve official forms for the verified claim that is
31to be filed pursuant to this section. The official forms shall be
32drafted in nontechnical language, in English and in Spanish, and
33shall be made available through the office of the clerk of the
34appropriate court.

35(2) Any person who claims that the property was assigned to
36him or to her prior to the seizure or notification of pending
37forfeiture of the property under this chapter, whichever occurs last,
38shall file a claim with the court and prosecuting agency pursuant
39to Section 11488.5 declaring an interest in that property and that
40interest shall be adjudicated at the forfeiture hearing. The property
P11   1shall remain under control of the law enforcement or prosecutorial
2agency until the adjudication of the forfeiture hearing. Seized
3property shall be protected and its value shall be preserved pending
4the outcome of the forfeiture proceedings.

5(3) The clerk of the court shall not charge or collect a fee for
6the filing of a claim in any case in which the value of the
7respondent property as specified in the notice is five thousand
8dollars ($5,000) or less. If the value of the property, as specified
9in the notice, is more than five thousand dollars ($5,000), the clerk
10of the court shall charge the filing fee specified in Section 70611
11of the Government Code.

12(4) The claim of a law enforcement agency to property seized
13pursuant to Section 11488 or subject to forfeiture shall have priority
14over a claim to the seized or forfeitable property made by the
15Franchise Tax Board in a notice to withhold issued pursuant to
16Section 18817 or 26132 of the Revenue and Taxation Code.

17(b) (1) If at the end of the time set forth in subdivision (a) there
18is no claim on file, the court, upon motion, shall declare the
19property seized or subject to forfeiture pursuant to subdivisions
20(a) to (g), inclusive, of Section 11470 forfeited to the state. In
21moving for a default judgment pursuant to this subdivision, the
22state or local governmental entity shall be required to establish a
23prima facie case in support of its petition for forfeiture.

24(2) The court shall order the money forfeited or the proceeds
25of the sale of property to be distributed as set forth in Section
2611489.

27(c) (1) If a verified claim is filed, the forfeiture proceeding shall
28be set for hearing on a day not less than 30 days therefrom, and
29the proceeding shall have priority over other civil cases. Notice of
30the hearing shall be given in the same manner as provided in
31Section 11488.4. Such a verified claim or a claim filed pursuant
32to subdivision (j) of Section 11488.4 shall not be admissible in the
33proceedings regarding the underlying or related criminal offense
34set forth in subdivision (a) of Section 11488.

35(2) The hearing shall be by jury, unless waived by consent of
36all parties.

37(3) The provisions of the Code of Civil Procedure shall apply
38to proceedings under this chapter unless otherwise inconsistent
39with the provisions or procedures set forth in this chapter. However,
40in proceedings under this chapter, there shall be no joinder of
P12   1actions, coordination of actions, except for forfeiture proceedings,
2or cross-complaints, and the issues shall be limited strictly to the
3questions related to this chapter.

4(d) (1) At the hearing, the state or local governmental entity
5shall have the burden of establishing, pursuant to subdivision (i)
6of Section 11488.4, that the owner of any interest in the seized
7property consented to the use of the property with knowledge that
8it would be or was used for a purpose for which forfeiture is
9permitted, in accordance with the burden of proof set forth in
10subdivision (i) of Section 11488.4.

11(2) No interest in the seized property shall be affected by a
12forfeiture decree under this section unless the state or local
13governmental entity has proven that the owner of that interest
14consented to the use of the property with knowledge that it would
15be or was used for the purpose charged. Forfeiture shall be ordered
16when, at the hearing, the state or local governmental entity has
17shown that the assets in question are subject to forfeiture pursuant
18to Section 11470, in accordance with the burden of proof set forth
19in subdivision (i) of Section 11488.4.

20(e) The forfeiture hearing shall be continued upon motion of
21the prosecution or the defendant until after a verdict of guilty on
22any criminal charges specified in this chapter and pending against
23the defendant have been decided. The forfeiture hearing shall be
24conducted in accordance with Sections 190 to 222.5, inclusive,
25Sections 224 to 234, inclusive, Section 237, and Sections 607 to
26630, inclusive, of the Code of Civil Procedure if a trial by jury,
27and by Sections 631 to 636, inclusive, of the Code of Civil
28Procedure if by the court. Unless the court or jury finds that the
29seized property was used for a purpose for which forfeiture is
30permitted, the court shall order the seized property released to the
31person it determines is entitled thereto.

32If the court or jury finds that the seized property was used for a
33purpose for which forfeiture is permitted, but does not find that a
34person claiming an interest therein, to which the court has
35determined he or she is entitled, had actual knowledge that the
36seized property would be or was used for a purpose for which
37forfeiture is permitted and consented to that use, the court shall
38order the seized property released to the claimant.

39(f) All seized property which was the subject of a contested
40forfeiture hearing and which was not released by the court to a
P13   1claimant shall be declared by the court to be forfeited to the state,
2provided the burden of proof required pursuant to subdivision (i)
3of Section 11488.4 has been met. The court shall order the forfeited
4property to be distributed as set forth in Section 11489.

5(g) All seized property which was the subject of the forfeiture
6hearing and which was not forfeited shall remain subject to any
7order to withhold issued with respect to the property by the
8Franchise Tax Board.

9

SEC. 5.  

Section 11495 of the Health and Safety Code is
10amended to read:

11

11495.  

(a) The funds received by the law enforcement agencies
12under Section 11489 shall be deposited into an account maintained
13by the Controller, county auditor, or city treasurer. These funds
14shall be distributed to the law enforcement agencies at their request.
15The Controller, auditor, or treasurer shall maintain a record of
16these disbursements which records shall be open to public
17inspection, subject to the privileges contained in Sections 1040,
181041, and 1042 of the Evidence Code.

19(b) Upon request of the governing body of the jurisdiction in
20which the distributions are made, the Controller, auditor, or
21treasurer shall conduct an audit of these funds and their use. In the
22case of the state, the governing body shall be the Legislature.

23(c) Each year, the Attorney General shall publish a report which
24sets forth the following information for the state, each county, each
25city, and each city and county:

26(1) The number of forfeiture actions initiated and administered
27by state or local agencies under California law, the number of cases
28adopted by the federal government, and the number of cases
29initiated by a joint federal-state action that were prosecuted under
30federal law.

31(2) The number of cases and the administrative number or court
32 docket number of each case for which forfeiture was ordered or
33declared.

34(3) The number of suspects charged with a controlled substance
35violation.

36(4) The number of alleged criminal offenses that were under
37federal or state law.

38(5) The disposition of cases, including no charge, dropped
39charges, acquittal, plea agreement, jury conviction, or other.

40(6) The value of the assets forfeited.

P14   1(7) The recipients of the forfeited assets, the amounts received,
2and the date of the disbursement.

3(d) The Attorney General shall develop administrative guidelines
4for the collection and publication of the information required in
5subdivision (c).

6(e) The Attorney General’s report shall cover the calendar year
7and shall be made no later than March 1 of each year beginning
8with the year after the enactment of this law.

9begin insert

begin insertSEC. 6.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertThe Legislative Analyst’s Office (LAO) shall
10provide a report to the Legislature containing data about the
11economic impact on state and local law enforcement budgets of
12subdivision (b) of Section 11471.2 of the Health and Safety Code
13and the changes to the burden of proof and conviction requirement
14in forfeiture proceedings in Section 3 of this act. The LAO shall
15report the findings on or before December 31, 2019.end insert

begin insert

16
(b) A report to be submitted pursuant to this section shall be
17submitted in compliance with Section 9795 of the Government
18Code.

end insert
begin insert

19
(c) Pursuant to Section 10231.5 of the Government Code, this
20section is repealed on January 1, 2021.

end insert


O

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