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AB-3208 Cities: ordinances: violations.(2017-2018)



Current Version: 03/22/18 - Amended Assembly

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AB3208:v98#DOCUMENT

Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 3208

Introduced by Assembly Member Cooper

February 16, 2018

An act to add and repeal Section 34096 36901.5 of the Government Code, relating to forfeiture. local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 3208, as amended, Cooper. Property forfeiture: local ordinances. Cities: ordinances: violations.

Existing law subjects certain property used or acquired in violation of the California Uniform Controlled Substances Act to forfeiture, such as controlled substances, equipment used to process controlled substances, and real property of any property owner who is convicted of violating specified controlled substances crimes with respect to that property.

This bill would authorize the City of Elk Grove to adopt an ordinance authorizing the city, until January 1, 2024, to confiscate and seek an order of forfeiture of property, whether personal or real, if that property is used to violate city code. The bill would require any ordinance adopted pursuant to this section to provide the owner of the property with adequate notice and opportunity to challenge the grounds of the seizure, and ensure that the property is only seized to the extent that the value of the property is commensurate with the gravity of the code violation for which it was used.

Existing law authorizes a city legislative body to impose fines, penalties, and forfeitures for violations of city ordinances.
This bill would, until January 1, 2024, specifically authorize the City of Elk Grove to adopt an ordinance authorizing the city to confiscate and seek an order of civil forfeiture of real or personal property for violations of the city’s ordinances. The bill would require the ordinance to provide the owner of the property adequate notice and opportunity to challenge the forfeiture and to ensure that the property seized is reasonable in relation to the ordinance violation.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Elk Grove.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.Section 34096 is added to the Penal Code, to read:
34096.

(a)The City of Elk Grove may adopt an ordinance authorizing the city, until January 1, 2024, to confiscate and seek an order of forfeiture of property, whether personal or real, if that property is used to violate city code. An ordinance adopted pursuant to this section shall provide the owner of the property with adequate notice and opportunity to challenge the grounds of the seizure, and shall ensure that the property is only seized to the extent that the value of the property is commensurate with the gravity of the code violation for which it was used.

(b)This section does not limit the authority of any city, county, or federal officials, including peace officers, to confiscate and seek an order of civil or criminal forfeiture pursuant to any applicable provision of local, state, or federal law.

(c)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SECTION 1.

 Section 36901.5 is added to the Government Code, to read:

36901.5.
 (a) The City of Elk Grove may adopt an ordinance authorizing the city, until January 1, 2024, to confiscate and seek an order of civil forfeiture of real or personal property for violation of a city ordinance.
(b) An ordinance adopted pursuant to this section shall provide the owner of the property with adequate notice and opportunity to challenge the grounds of the forfeiture, and shall ensure that the property is only seized to the extent reasonable in relation to the ordinance violation for which it was used.
(c) This section does not limit the authority of any city, county, or federal officials, including peace officers, to confiscate and seek an order of civil or criminal forfeiture pursuant to any applicable provision of local, state, or federal law.
(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the high instance of large indoor residential cannabis growing that poses an immediate threat to the health and safety of the City of Elk Grove.