Section 11470.1 Of Chapter 8. Seizure And Disposition From California Health And Safety Code >> Division 10. >> Chapter 8.
11470.1
. (a) The expenses of seizing, eradicating, destroying, or
taking remedial action with respect to, any controlled substance or
its precursors shall be recoverable from:
(1) Any person who manufactures or cultivates a controlled
substance or its precursors in violation of this division.
(2) Any person who aids and abets or who knowingly profits in any
manner from the manufacture or cultivation of a controlled substance
or its precursors on property owned, leased, or possessed by the
defendant, in violation of this division.
(b) The expenses of taking remedial action with respect to any
controlled substance or its precursors shall also be recoverable from
any person liable for the costs of that remedial action under
Chapter 6.8 (commencing with Section 25300) of Division 20 of the
Health and Safety Code.
(c) It shall not be necessary to seek or obtain a criminal
conviction prior to the entry of judgment for the recovery of
expenses. However, if criminal charges are pending against the
defendant for the unlawful manufacture or cultivation of any
controlled substance or its precursors, an action brought pursuant to
this section shall, upon a defendant's request, be continued while
the criminal charges are pending.
(d) The action may be brought by the district attorney, county
counsel, city attorney, the State Department of Health Services, or
Attorney General. All expenses recovered pursuant to this section
shall be remitted to the law enforcement agency which incurred them.
(e) (1) The burden of proof as to liability shall be on the
plaintiff and shall be by a preponderance of the evidence in an
action alleging that the defendant is liable for expenses pursuant to
paragraph (1) of subdivision (a). The burden of proof as to
liability shall be on the plaintiff and shall be by clear and
convincing evidence in an action alleging that the defendant is
liable for expenses pursuant to paragraph (2) of subdivision (a). The
burden of proof as to the amount of expenses recoverable shall be on
the plaintiff and shall be by a preponderance of the evidence in any
action brought pursuant to subdivision (a).
(2) Notwithstanding paragraph (1), for any person convicted of a
criminal charge of the manufacture or cultivation of a controlled
substance or its precursors there shall be a presumption affecting
the burden of proof that that person is liable.
(f) Only expenses which meet the following requirements shall be
recoverable under this section:
(1) The expenses were incurred in seizing, eradicating, or
destroying the controlled substance or its precursors or in taking
remedial action with respect to a hazardous substance. These expenses
may not include any costs incurred in use of the herbicide paraquat.
(2) The expenses were incurred as a proximate result of the
defendant's manufacture or cultivation of a controlled substance in
violation of this division.
(3) The expenses were reasonably incurred.
(g) For purposes of this section, "remedial action" shall have the
meaning set forth in Section 25322.
(h) For the purpose of discharge in bankruptcy, a judgment for
recovery of expenses under this section shall be deemed to be a debt
for willful and malicious injury by the defendant to another entity
or to the property of another entity.
(i) Notwithstanding Section 526 of the Code of Civil Procedure,
the plaintiff may be granted a temporary restraining order or a
preliminary injunction, pending or during trial, to restrain the
defendant from transferring, encumbering, hypothecating, or otherwise
disposing of any assets specified by the court, if it appears by the
complaint that the plaintiff is entitled to the relief demanded and
it appears that the defendant may dispose of those assets to thwart
enforcement of the judgment.
(j) The Legislature finds and declares that civil penalties for
the recovery of expenses incurred in enforcing the provisions of this
division shall not supplant criminal prosecution for violation of
those provisions, but shall be a supplemental remedy to criminal
enforcement.
(k) Any testimony, admission, or any other statement made by the
defendant in any proceeding brought pursuant to this section, or any
evidence derived from the testimony, admission, or other statement,
shall not be admitted or otherwise used in any criminal proceeding
arising out of the same conduct.
(l) No action shall be brought or maintained pursuant to this
section against a person who has been acquitted of criminal charges
for conduct which may be the basis for an action under this section
if, in the criminal action, there has been a finding of factual
innocence by the court pursuant to standards set forth in subdivision
(b) of Section 851.8 of the Penal Code.