HomeMy WebLinkAboutMINUTES - 05011990 - 1.47 BOARD OF SUPERVISORS Contra r
Phil Batchelor, County Administrator
FROM: Costa
April 30 , 1990County
DATE: rrd 2 �vci
LEGISLATION: SB 2860 (Leonard)
SUBJECT:
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOPPEMATION
Adopt a position in SUPPORT of SB 2860 by Senator Leonard which
would strengthen asset forfeiture laws relating to controlled
substance offenses.
BACKGROUND:
Existing law provides for the seizure of certain property
involved in specified controlled substance offenses, including:
(a) the interest of any registered owner of a boat, airplane, or
any vehicle which has been used in any manner to facilitate the
possession for sale or sale of specified amounts of specified
controlled substances including heroin, cocaine base, marijuana,
cocaine, methamphetamine and any Schedule I or II controlled
substance. The amounts which must be involved vary depending on
the controlled substance which is involved.
(b) all money, negotiable instruments, securities, or other
things of value furnished in exchange for a controlled substance,
as long as the offense involved the manufacture, sale, possession
for sale, offer for sale, offer to manufacture or conspiracy to
commit any of those offenses; and
(c) real property used for the unlawful possession, possession
for sale, sale, giving away, use manufacture, storage, or
distribution of specified controlled substances.
CONTINUED ON ATTACHMENheS YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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 o
PHIL BATCHELOR, LERK OF THE BOARD OF
Please see Page 2. SUPERVISORS AND COUNTY ADMINISTRATOR
BY DEPUTY
M382 (10/88)
Senator Leonard has introduced SB 2860 which, as introduced,
would do all of the following:
1. Expands the offenses for which seizure of a boat, airplane
or vehicle is authorized to include 100 DEA Standard Dosage
Units of LSD, fentanyl or PCP, 28 . 5 grams of concentrated
cannabis, or 100 marijuana plants.
2. Establishes a rebuttable presumption that all money,
negotiable instruments, securities or other things of value
constituting personal property found in close proximity to
property described in this section are presumed to be
subject to forfeiture. Places the burden of proof on the
claimant of the property to rebut this presumption.
3 . Adds to the grounds for forfeiture of real property the
planting, cultivation, harvesting, drying or processing of
100 or more marijuana plants.
Existing law provides that controlled substances and any device,
contrivance, instrument, or paraphernalia used for unlawfully
using or administering a controlled substance, which are
unlawfully possessed, may be seized by any peace officer.
SB 2860 provides that any property subject to forfeiture or
constituting evidence which tends to show the property is subject
to forfeiture may be seized by any peace officer.
SB 2860 also substitutes Attorney General and district attorney
for "state or local governmental entity" when addressing the
filing of forfeiture proceedings.
The bill also makes some procedural changes in the manner in
which the forfeiture proceedings are handled.
The bill also creates an Asset Forfeiture Loan Fund in the amount
of $2 million, which could be made available by the Attorney
General to state and local law enforcement and prosecutorial
agencies for the purpose of securing and maintaining property
while the forfeiture proceedings are pending. Part of the
proceeds from the sale of forfeited property would be used to
repay the loans from the Asset Forfeiture Loan Fund.
In view of the fact that SB 2860 strengthens the asset forfeiture
procedures and extends the forfeiture of assets to more
controlled substance offenses it appears to be consistent with
the Board of Supervisors war on drugs. It is therefore
recommended that the Board of Supervisors indicate its support
for SB 2860.
cc: Senator Bill Leonard
County Administrator
District Attorney
Sheriff-Coroner
County Probation Officer
Health Services Director
Drug Program Administrator
Chair, Drug Abuse Advisory Board