Bill Text: CA AB3208 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 3208 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Cities: ordinances: violations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-17 - In committee: Set, first hearing. Held without recommendation. [AB3208 Detail]

Download: California-2017-AB3208-Introduced.html

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 of the Government Code, relating to forfeiture.

LEGISLATIVE COUNSEL'S DIGEST

AB 3208, as introduced, Cooper. Property forfeiture: local ordinances.

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.

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.

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.