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Bills

AB 3208: Cities: ordinances: violations.

  • Session Year: 2017-2018
  • House: Assembly
  • Latest Version Date: 2018-03-22
Version:
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 citys 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.

Discussed in Hearing

Assembly Standing Committee on Public Safety19MIN
Apr 17, 2018

Assembly Standing Committee on Public Safety

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AB 3208: Cities: ordinances: violations. | Digital Democracy