Section 11470.2 Of Chapter 8. Seizure And Disposition From California Health And Safety Code >> Division 10. >> Chapter 8.
11470.2
. (a) In lieu of a civil action for the recovery of expenses
as provided in Section 11470.1, the prosecuting attorney in a
criminal proceeding may, upon conviction of the underlying offense,
seek the recovery of all expenses recoverable under Section 11470.1
from:
(1) Any person who manufacturers 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. The trier of fact shall
make an award of expenses, if proven, which shall be enforceable as
any civil judgment. If probation is granted, the court may order
payment of the expenses as a condition of probation. All expenses
recovered pursuant to this section shall be remitted to the law
enforcement agency which incurred them.
(b) The prosecuting attorney may, in conjunction with the criminal
proceeding, file a petition for recovery of expenses with the
superior court of the county in which the defendant has been charged
with the underlying offense. The petition shall allege that the
defendant had manufactured or cultivated a controlled substance in
violation of Division 10 (commencing with Section 11000) of the
Health and Safety Code and that expenses were incurred in seizing,
eradicating, or destroying the controlled substance or its
precursors. The petition shall also state the amount to be assessed.
The prosecuting attorney shall make service of process of a notice of
that petition to the defendant.
(c) The defendant may admit to or deny the petition for recovery
of expenses. If the defendant admits the allegations of the petition,
the court shall rule for the prosecuting attorney and enter a
judgment for recovery of the expenses incurred.
(d) If the defendant denies the petition or declines to admit to
it, the petition shall be heard in the superior court in which the
underlying criminal offense will be tried and shall be promptly heard
following the defendant's conviction on the underlying offense. The
hearing shall be held either before the same jury or before a new
jury in the discretion of the court, unless waived by the consent of
all parties.
(e) At the hearing, the burden of proof as to the amount of
expenses recoverable shall be on the prosecuting attorney and shall
be by a preponderance of the evidence.
(f) 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.