SB 1261

Bill Subjects

Abstract

Existing law establishes the Department of Justice under the direction and control of the Attorney General, and authorizes the Attorney General to, among other things, arrange and classify the work of the Department of Justice, and consolidate, abolish, or create divisions, bureaus, branches, sections, or units within the department. Existing law also authorizes the Attorney General, in conformity with the State Civil Service Act, to employ agents and other employees that are necessary for the conduct of the affairs of the Department of Justice in carrying out various responsibilities, including narcotic enforcement. This bill would require the Attorney General to maintain a minimum of 190 special agents within the Bureau of Narcotic Enforcement, and a minimum of 90 special agents in the Bureau of Investigation and Intelligence. Existing law provides for the seizure and forfeiture of property in connection with specified violations of law relating to controlled substances, including possession of a controlled substance for sale. Existing law requires the proceeds of property that is seized, forfeited, and sold by the Department of General Services or a local governmental entity to be distributed first to a bona fide or innocent purchaser, conditional sales vendor, or mortgagee of the property, if the court orders distribution to that person, and then to the Department of General Services or the local governmental entity for expenditures relating to the sale of the property. Existing law requires the remaining funds to be distributed 65% to the state and local law enforcement agencies that participated in the seizure, 10% to the prosecutorial agency that processed the forfeiture action, 24% to the General Fund to be made available, upon appropriation by the Legislature, for school safety and security, and 1% to eligible nonprofit entities. This bill would delete the allocation to the General Fund, and instead would require 24% to be continuously appropriated to the Department of Justice, Division of Law Enforcement, to be used to fund the efforts of special agents of the Department of Justice to investigate and enforce the Uniformed Controlled Substances Act and other violations of laws relating to controlled substances. The bill would make other technical, nonsubstantive changes.