BILL ANALYSIS �
SB 1193
Page 1
SENATE THIRD READING
SB 1193 (Evans)
As Amended August 18, 2014
Majority vote
SENATE VOTE :32-0
PUBLIC SAFETY 5-1 APPROPRIATIONS 12-4
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Quirk, Skinner, Stone | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Eggman, Gomez, Holden, |
| | | |Pan, Quirk, |
| | | |Ridley-Thomas, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Waldron |Nays:|Bigelow, Donnelly, Jones, |
| | | |Wagner |
| | | | |
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SUMMARY : Reduces the sample size that law enforcement must
maintain as evidence in criminal cases related to the unlawful
possession or cultivation of marijuana. Specifically, this
bill : Reduces the storage and sample requirement for law
enforcement to hold marijuana as evidence from 10 pounds plus
five representative samples to two pounds plus five samples.
EXISTING LAW :
1)Provides that controlled substances and devices or
paraphernalia for using or administering controlled substances
that are possessed in violation of relevant statutes may be
seized by law enforcement officers. A search warrant may be
issued for seizure.
2)Provides that, except as provided in the controlled substance
assets and instrumentalities forfeiture law, all controlled
substances, and instruments or paraphernalia associated with
the controlled substances, seized as a result of a case that
ended with the defendant's conviction, shall be destroyed by
the court of conviction.
SB 1193
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3)Provides that all controlled substances, and instruments or
paraphernalia associated with the controlled substances,
seized as found property or as a result of a case that ended
without trial, dismissal or conviction, shall be destroyed
unless the court finds that the defendant lawfully possessed
the property.
4)Provides that an order for destruction of controlled
substances and associated instruments and paraphernalia may be
carried out by a police or sheriff's agency, the Department of
Justice, California Highway Patrol, or Department of Alcoholic
Beverage Control.
5)Provides that controlled substances listed in Schedule I
(Health and Safety Code Section 11054) possessed, sold or
transferred in violation of the controlled substances control
statutes, and plants from which controlled substances are
derived, are contraband, which must be seized and forfeited to
the state.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown state and local prospective savings to the
extent reducing the amount of marijuana that must be retained as
evidence reduces the need for storage space expansion.
COMMENTS : According to the author, "Current law requires a law
enforcement agency to retain as evidence ten pounds of
confiscated cannabis, along with five random samples of the
evidence.
"Many sheriffs' departments, especially those in rural Northern
California counties, are finding the "ten pound" requirement
burdensome in two ways. First, the storage space alone can be
troublesome and expensive. Most evidence lockers were not built
to contain such large quantities of cannabis and sometimes
outdoor storage facilities are being considered, adding an
additional risk and cost to the agency. Second, and most
importantly, the peace officers working in these evidence
facilities are subject to unknown pesticides and chemicals being
used to sustain what may be an illegal grow. Further, after a
short period of time, much of the crop can begin to spoil and
mildew, causing additional health risks.
"This bill will simply reduce the storage requirement for
California's law enforcement agencies to a more sustainable
SB 1193
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quantity, while simultaneously clarifying a defendant's evidence
rights."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0004821