HomeMy WebLinkAboutMINUTES - 02051991 - 1.43 TO: BOARD OF SUPERVISORS g,-®43 sE--L
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FROM: Phil Batchelor, County Administrator
Costa
County
January 24, 1991 o.P �- ..����
DATE: .r---couN`-
SUBJECT: LEGISLATION - SB 141 (Boatwright)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
Adopt a position in SUPPORT of SB 141 by Senator Boatwright which
would authorize the seizure and forfeiture of a boat, airplane or
vehicle which is used in any way to facilitate specified
controlled substance offenses if the offense occurs within 1000
feet of a public or private school, college or university or in
the premises of any public park.
BACKGROUND:
Under current law, a number of types of property are subject to
seizure and subsequent forfeiture when they have been involved in
various ways with controlled substance offenses. In the case of
boats, airplanes and vehicles, forfeiture requires that the boat,
airplane or vehicle have been used to facilitate the possession
for sale or sale of a variety of controlled substances, providing
that specified minimum quantities of the controlled substance
were involved.
SB 141 leaves all of these requirements in place, but adds new
provisions which are applicable only where the offense takes
place on the premises of ' or within 1000 feet of any public or
private school, college or university, or on the premises of any
public park. In these instances, the bill would provide for
forfeiture whenever the boat, airplane or vehicle is used in any
manner to facilitate the following violations, which are simply
examples of the wide variety of offenses covered by this bill:
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CONTINUED ON ATTACHMENT:YeS YES SIGNATURE: &�/Jy
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON February 5, 1991 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED FEB 5 1991
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY DEPUTY
1. Possession for sale or purchase for the purpose of sale of
any listed opiate, opium derivatives .or depressant.
2. Possession for sale or purchase for the purpose of sale of
cocaine base.
3 . Transporting, importing into this state, selling,
furnishing, administering, giving away or offering to
transport, import, sell, furnish, administer or give away,
or attempts to import or transport any of the listed
opiates, opium derivative, depressants, mescaline, peyote,
marijuana or cocaine base.
4. Any violation of any section of this division proscribing
the unlawful possession of heroine, cocaine, cocaine base,
phencyclidine (PCP) , methamphetamine.
The minimum quantities which have to be involved are eliminated,
presumably meaning that any such offense involving any quantity
of the controlled substance. could result in forfeiture. In
addition, by broadening the language beyond "possession for
sale" , it would appear to permit forfeiture whenever the
individual is convicted simply of "unlawful possession" . We
believe that this provision accomplishes one of the Board' s
objectives in supporting similar legislation in 1990, namely that
a vehicle which is used by an individual to purchase a controlled
substance could be seized and forfeited on the - basis of the
conviction for "unlawful possession" .
In view of the fact that this bill appears to further the
established position of the Board of Supervisors in this regard,
it is recommended that the Board indicate its support for SB 141.
cc: County Administrator
District Attorney
.Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Les Spahnn, SRJ. . Jackson, Barish & Associates