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Home My WebLink AboutMINUTES - 04171990 - 1.35 } 1®®35 TO: BOARD OF SUPERVISORS Contra ..:\; FROM: Phil Batchelor, County Administrator Costa April 9, 1990 County DATE: 'rq�cci"u"�`t' LEGISLATION: SB 1786 (Boatwright) SUBJECT: SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMEENDATION Indicate that the Board of Supervisors continues to be in SUPPORT of SB 1786 by Senator Boatwright which would authorize the seizure, with certain exceptions, of a boat, airplane or vehicle which has been used to facilitate specified controlled substance violations occurring on or within 1000 feet 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. On March 27, 1990 the Board of Supervisors voted to continue its support of SB 1786 as it was amended March 1, 1990 . On March 28, 1990 the bill was again 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. Yes CONTINUED ON ATTACHMENT: YES SIGNATURE: el_�Zlyw46 Z, A& Lra� -RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURES: 4�-G& ACTION OF BOARD ON , APPROVED AS RECOMMENDED A 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 APR 17 1990 PHIL BATCHELOR,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382 (10/88) BY DEPUTY SB 1786 , as amended March 28, 1990, would expand this provision by providing that, with the exception of a community property interest of not to exceed $10 ,000 by a registered owner other than the registered owner whose conduct rendered the vehicle subject to seizure in a vehicle if the vehicle is the sole vehicle available to the immediate family, 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, 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 feet of any public or private school, college or university or on the premises of any public park. The provisions relating to transportation apply only in the case of transportation for sale or where the substance contains heroin, cocaine, cocaine base, phencyclidine or methamphetamine or any analog of these substances, thus excluding transportation of marijuana which is not transportation for sale. 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 28, 1990 amendments to SB 1786 limit the ability to prosecute for transportation of marijuana which is not for sale, possession of marijuana and limit the forfeiture of a vehicle where there is an innocent community property interest in the vehicle which is the only vehicle available to the immediate family of the defendant and limits the area to 1000 feet instead of 100 yards. 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 feet 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 continuing 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 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