HomeMy WebLinkAboutMINUTES - 03271990 - 1.37 -* 1-037
BOARD OF SUPERVISORS
Contra
FROM: Phil Batchelor, County Administrator4;
1: fs
Costa
March 19, 1990 '7 County
DATE:
CAN
LEGISLATION: SB 1786 (Boatwright)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RE=NPflWDATION:
Continue the Board' s position of SUPPORT for SB 1786 by Senator
Boatwright which would authorize the seizure of a boat, airplane
or vehicle which has been used to facilitate specified controlled
substance violations occurring on or within 1000 yards of any
public or private school, college or university or on the
premises of any public park.
BACKGROUND:
On February 13 , 1990 the Board of Supervisors voted to support SB
1786 as introduced. The bill has now been amended. Existing law
provides for the forfeiture of , among other properties, the
interest of any registered owner of a boat, airplane, or vehicle
which has been used in any manner to facilitate the possession
for sale or the sale of 7 .125 grams or more of a substance
containing either heroin or cocaine base, or 14 . 25 grams or more
of a substance containing a schedule I controlled substance
except marijuana, peyote or psilocybin, or five pounds dry weight
or more of marijuana, peyote, or psilocybin, or 14. 25 grams or
more of a substance containing cocaine or methamphetamine, or
14. 25 grams or more of a substance containing a Schedule II
controlled substance.
CONTINUED ON ATTACHMENT:Y_QS_YES SIGNATURE:
-iRECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOARD COMMITTEE
-APPROVE —OTHER
SIGNATUREM:
ACTION OF BOARD ON Ivicircli /- I 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: Please see Page 2. ATTESTED MAR 2 7 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY LZ�14416�� DEPUTY
SB 1786 , as amended March 1 , 1990 , would expand this provision by
providing that the interest of any registered owner in a boat,
airplane or vehicle is subject to forfeiture when the boat,
airplane or vehicle has been used in any manner to facilitate any
violation of various crimes regarding the possession, possession
for sale, transportation, etc. of controlled substances, or any
violation of any section of the Health & Safety Code proscribing
the unlawful possession of a controlled substance, including, but
not limited to, more than 28. 5 grams of marijuana, or any
violation of statutes prohibiting conspiracy to possess,
manufacture, sell, possess for sale, offer for sale or offer to
manufacture a controlled substance or conspiracy to commit at
least one of those offenses where the offense occurs on or within
1000 yards of any public or private school, college or university
or on the premises of any public park.
SB 1786 provides that the changes made to the forfeiture statute
by SB 1786 will remain in effect only until January 1, 1994 and
as of that date are repealed. SB 1786 also authorizes any peace
officer making, subsequent to making, or attempting to make an
arrest for any of the violations added to the forfeiture statute
by SB 1786 to seize any item subject to forfeiture under the
forfeiture statute. SB 1786 also provides that this provision
will remain in effect only until January 1, 1994 and as of that
date is repealed.
The March 1 , 1990 amendments to SB 1786 add "on the premises of
any public park" to the locations where an offense occurs which
authorizes the seizure of the above-described property.
Since SB 1786 authorizes the forfeiture of a vehicle used to
purchase a variety of controlled substances, in that it applies
to the possession or conspiracy to possess a variety of
controlled .substance, when such offense occurs on or with 1000
yards of a public or private school, college or university or on
the premises of a public park the bill appears to be consistent
with at least one item in the Board' s 1990 Legislative Program.
It therefore appears appropriate for the Board of Supervisors to
continue to indicate its support for SB 1786 and authorize the
County' s legislative representative and all appropriate County
employees to lobby for passage of SB 1786 .
cc: Senator Daniel E. Boatwright (Via CAO)
County Administrator
District Attorney
Sheriff-Coroner
Public Defender
County Probation Officer
Health Services Director
Drug Program Administrator
Chairman, Drug Abuse Advisory Board
Les Spahnn, SRJ. Jackson, Barish & Associates