Section 1417.6 Of Chapter 13. Disposition Of Evidence In Criminal Cases From California Penal Code >> Title 10. >> Part 2. >> Chapter 13.
1417.6
. (a) The provisions of Section 1417.5 shall not apply to any
dangerous or deadly weapons, narcotic or poisonous drugs,
explosives, or any property of any kind or character whatsoever the
possession of which is prohibited by law and that was used by a
defendant in the commission of the crime of which the defendant was
convicted, or with which the defendant was armed or that the
defendant had upon his or her person at the time of the defendant's
arrest.
Any of this property introduced or filed as an exhibit shall be,
by order of the trial court, destroyed or otherwise disposed of under
the conditions provided in the order no sooner than 60 days
following the final determination of the criminal action or
proceeding.
(b) (1) Every person who knowingly has in his or her possession
any tool or device that is seized and of a type used in the
commission of a violation of Section 10801, 10802, or 10803 of the
Vehicle Code, shall be subject to having the tool or device intended
for the above purpose deemed a nuisance as provided in paragraph (2).
(2) An evidentiary hearing shall be held only upon conviction of
the defendant for a violation of Section 10801, 10802, or 10803 of
the Vehicle Code and after 15 days' notice is given to the defendant
of the state's intent to declare as a nuisance any property that is
described in paragraph (1). All relevant evidence shall be admissible
at the hearing and the state shall prove by a preponderance of the
evidence that the property seized is of a type used in facilitating
the commission of the crime of which the defendant was convicted.
(3) If a person purports to be the lawful owner of any tool or
device the state seeks to be declared a nuisance, the person shall
show proof by a preponderance of the evidence at the hearing pursuant
to paragraph (2), that he or she owns the tool or device, and the
illegal use of the tool or device was without his or her knowledge or
consent.
(4) Following a determination that the property shall be declared
a nuisance, the property shall be disposed of as provided in
paragraph (2) or (3) of subdivision (c) of Section 1417.5.