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INTRODUCED BY Senator Vargas

FEBRUARY 23, 2012

An act to amend Section 15002.5 of the Government Code, and to
amend Section 11489 of the Health and Safety Code, relating to the
Department of Justice, and making an appropriation therefor.


LEGISLATIVE COUNSEL'S DIGEST


SB 1261, as introduced, Vargas. Department of Justice.
Existing law establishes the Department of Justice under the
direction and control of the Attorney General, and authorizes the
Attorney General to, among other things, arrange and classify the
work of the Department of Justice, and consolidate, abolish, or
create divisions, bureaus, branches, sections, or units within the
department. Existing law also authorizes the Attorney General, in
conformity with the State Civil Service Act, to employ agents and
other employees that are necessary for the conduct of the affairs of
the Department of Justice in carrying out various responsibilities,
including narcotic enforcement.
This bill would require the Attorney General to maintain a minimum
of 190 special agents within the Bureau of Narcotic Enforcement, and
a minimum of 90 special agents in the Bureau of Investigation and
Intelligence.
Existing law provides for the seizure and forfeiture of property
in connection with specified violations of law relating to controlled
substances, including possession of a controlled substance for sale.
Existing law requires the proceeds of property that is seized,
forfeited, and sold by the Department of General Services or a local
governmental entity to be distributed first to a bona fide or
innocent purchaser, conditional sales vendor, or mortgagee of the
property, if the court orders distribution to that person, and then
to the Department of General Services or the local governmental
entity for expenditures relating to the sale of the property.
Existing law requires the remaining funds to be distributed 65% to
the state and local law enforcement agencies that participated in the
seizure, 10% to the prosecutorial agency that processed the
forfeiture action, 24% to the General Fund to be made available, upon
appropriation by the Legislature, for school safety and security,
and 1% to eligible nonprofit entities.
This bill would delete the allocation to the General Fund, and
instead would require 24% to be continuously appropriated to the
Department of Justice, Division of Law Enforcement, to be used to
fund the efforts of special agents of the Department of Justice to
investigate and enforce the Uniformed Controlled Substances Act and
other violations of laws relating to controlled substances. The bill
would make other technical, nonsubstantive changes.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 15002.5 of the Government Code is amended to
read:
15002.5. (a) The Attorney General may
arrange and classify the work of the Department of Justice, and
consolidate, abolish, or create divisions, bureaus, branches,
sections , or units within the department. Any statutory
or other reference to the Office of the Attorney General, the
State Bureau of Criminal Identification
and
Investigation and Intelligence , the
Division Bureau of Narcotic
Enforcement, or the Division Bureau of
Gambling Control shall be construed to refer to the division, bureau,
branch, section or unit within the department which is performing
the functions referred to ; , and no
such function shall be abolished without express
statutory authority.
(b) To ensure that the Attorney General has sufficient resources
to carry out law enforcement functions required by law, including,
but not limited to, Sections 15002.5, 15006, 15025, 15026, 15050, and
15051 of this code, and Section 11450 of the Health and Safety Code,
the Attorney General shall maintain minimum staffing of special
agents as follows:

(1) The Bureau of Narcotic Enforcement shall maintain a minimum of
190 special agents.

(2) The Bureau of Investigation and Intelligence shall maintain a
minimum of 90 special agents.

SEC. 2. Section 11489 of the Health and Safety Code is amended to
read:
11489. Notwithstanding Section 11502 and except as otherwise
provided in Section 11473, in all cases where the property is seized
pursuant to this chapter and forfeited to the state or local
governmental entity and, where necessary, sold by the Department of
General Services or local governmental entity, the money forfeited or
the proceeds of sale shall be distributed by the state or local
governmental entity as follows:
(a) To the bona fide or innocent purchaser, conditional sales
vendor, or mortgagee of the property, if any, up to the amount of his
or her interest in the property, when the court declaring the
forfeiture orders a distribution to that person.
(b) The balance, if any, to accumulate, and to be distributed and
transferred quarterly in the following manner:
(1) To the state agency or local governmental entity for all
expenditures made or incurred by it in connection with the sale of
the property, including expenditures for any necessary costs of
notice required by Section 11488.4, and for any necessary repairs,
storage, or transportation of any property seized under this chapter.

(2) The remaining funds shall be distributed as follows:
(A) Sixty-five percent to the state, local, or state and local law
enforcement entities that participated in the seizure distributed so
as to reflect the proportionate contribution of each agency.
(i) Fifteen percent of the funds distributed pursuant to this
subparagraph shall be deposited in a special fund maintained by the
county, city, or city and county of any agency making the seizure or
seeking an order for forfeiture. This fund shall be used for the sole
purpose of funding programs designed to combat drug abuse and divert
gang activity, and shall wherever possible involve educators,
parents, community-based organizations and local businesses, and
uniformed law enforcement officers. Those programs that have been
evaluated as successful shall be given priority. These funds shall
not be used to supplant any state or local funds that would, in the
absence of this clause, otherwise be made available to the programs.
It is the intent of the Legislature to cause the development and
continuation of positive intervention programs for high-risk
elementary and secondary schoolage students. Local law enforcement
should work in partnership with state and local agencies and the
private sector in administering these programs.
(ii) The actual distribution of funds set aside pursuant to clause
(i) is to be determined by a panel consisting of the sheriff of the
county, a police chief selected by the other chiefs in the county,
and the district attorney and the chief probation officer of the
county.
(B) Ten percent to the prosecutorial agency which processes the
forfeiture action.
(C) Twenty-four percent to the General Fund. Notwithstanding
Section 13340 of the Government Code, the moneys are hereby
continuously appropriated to the General Fund. Commencing January 1,
1995, all moneys deposited in the General Fund pursuant to this
subparagraph, in an amount not to exceed ten million dollars
($10,000,000), shall be made available for school safety and
security, upon appropriation by the Legislature, and shall be
disbursed pursuant to Senate Bill 1255 of the 1993-94 Regular
Session, as enacted.

(C) Twenty-four percent to the Department of Justice, Division of
Law Enforcement. Notwithstanding Section 13340 of the Government
Code, the moneys subject to this subparagraph are continuously
appropriated and shall be used for the sole purpose of funding the
efforts of special agents of the Department of Justice to investigate
and enforce laws relating to narcotics, including the Uniform
Controlled Substances Act (Division 10 (commencing with Section
11000), and to ensure the Attorney General has sufficient resources
to carry out assigned law enforcement functions required by law,
including, but not limited to, Section 11450 of this code, and
Sections 15002.5, 15006, 15025, 15050, and 15051 of the Government
Code.

(D) One percent to a private nonprofit organization composed of
local prosecutors which shall use these funds for the exclusive
purpose of providing a statewide program of education and training
for prosecutors and law enforcement officers in ethics and the proper
use of laws permitting the seizure and forfeiture of assets under
this chapter.
(c) Notwithstanding Item 0820-101-469 of the Budget Act of 1985
(Chapter 111 of the Statutes of 1985), all funds allocated to the
Department of Justice pursuant to subparagraph (A) of paragraph (2)
of subdivision (b) shall be deposited into the Department of Justice
Special Deposit Fund-State Asset Forfeiture Account and used for the
law enforcement efforts of the state or for state or local law
enforcement efforts pursuant to Section 11493.
All funds allocated to the Department of Justice by the federal
government under its Federal Asset Forfeiture program authorized by
the Comprehensive Crime Control Act of 1984 may be deposited directly
into the Narcotics Assistance and Relinquishment by Criminal
Offender Fund and used for state and local law enforcement efforts
pursuant to Section 11493.
Funds which are not deposited pursuant to the above paragraph
shall be deposited into the Department of Justice Special Deposit
Fund-Federal Asset Forfeiture Account.
(d) All the funds distributed to the state or local governmental
entity pursuant to subparagraphs (A) and (B) of paragraph (2) of
subdivision (b) shall not supplant any state or local funds that
would, in the absence of this subdivision, be made available to
support the law enforcement and prosecutorial efforts of these
agencies.
The court shall order the forfeiture proceeds distributed to the
state, local, or state and local governmental entities as provided in
this section.
For the purposes of this section, "local governmental entity"
means any city, county, or city and county in this state.
(e) This section shall become operative on January 1, 1994.