Chris Norby
- Republican
Author
Existing law provides that in all cases where property used or intended to be used to facilitate any violation of specified controlled substance offenses is seized and forfeited to a state or local governmental entity and, where necessary, sold, the moneys forfeited or the proceeds of sale shall be distributed by the state or local governmental entity to specified persons or entities for specified purposes, including for the purpose of combating drug abuse. Existing law, the Uniform Controlled Substances Act, includes provisions authorizing the seizure and forfeiture of property involved in, or purchased with the proceeds from, a controlled substance offense. This bill would provide that property is deemed to be seized whenever any agency takes possession or control of it. The bill would add provisions that provide that seizing agencies or prosecuting attorneys authorized to bring civil forfeiture proceedings shall not directly or indirectly transfer seized property, including any property seized by state or local law enforcement officers who are detached to, deputized or commissioned by, or working in conjunction with, a federal agency to any federal agency or any governmental entity not created under and subject to state law, unless the court enters an order, as specified, authorizing the property to be transferred. The bill would provide that, where a state or local agency transfers seized property to any federal agency for forfeiture in violation of these provisions, the state or local agency shall be liable to the state in an action brought by the Attorney General or a private attorney for 24% of the proceeds received by the state or local agency from the federal government, to be deposited in the General Fund for expenditure, upon appropriation by the Legislature, for drug prevention and treatment services, and would authorize the recovery of the costs of the suit by the Attorney General or the private attorney.
In committee: Held under submission.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (July 5). Re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 7. Page 1737.)
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 16. Noes 1.) (May 27).
Read second time and amended. Ordered to second reading.
In committee: Set, first hearing. Referred to APPR. suspense file.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 26). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 19.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB639 | HTML |
| 02/16/11 - Introduced | |
| 03/31/11 - Amended Assembly | |
| 05/27/11 - Amended Assembly | |
| 08/06/12 - Amended Senate |
| Document | Format |
|---|---|
| No related documents. |
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