Section 236.10 Of Chapter 8. False Imprisonment And Human Trafficking From California Penal Code >> Title 8. >> Part 1. >> Chapter 8.
236.10
. (a) Concurrent with or subsequent to the filing of the
petition, the prosecuting agency may move the superior court for, and
the superior court may issue, the following pendente lite orders to
preserve the status quo of the property alleged in the petition:
(1) An injunction to restrain anyone from transferring,
encumbering, hypothecating, or otherwise disposing of the property.
(2) Appointment of a receiver to take possession of, care for,
manage, and operate the assets and properties so that the property
may be maintained and preserved. The court may order that a receiver
appointed pursuant to this section be compensated for all reasonable
expenditures made or incurred by him or her in connection with the
possession, care, management, and operation of property or assets
that are subject to the provisions of this section.
(b) No preliminary injunction may be granted or receiver appointed
without notice to the interested parties and a hearing to determine
that an order is necessary to preserve the property, pending the
outcome of the criminal proceedings, and that there is probable cause
to believe that the property alleged in the forfeiture proceedings
are proceeds, instruments, or property interests forfeitable under
the provisions of Section 236.7. However, a temporary restraining
order may issue pending that hearing pursuant to the provisions of
Section 527 of the Code of Civil Procedure.
(c) Notwithstanding any other provision of law, the court in
granting these motions may order a surety bond or undertaking to
preserve the property interests of the interested parties.
(d) The court shall, in making its orders, seek to protect the
interests of those who may be involved in the same enterprise as the
defendant, but who were not involved in human trafficking that
involves a commercial sex act, as defined in paragraph (2) of
subdivision (g) of Section 236.1, where the victim was less than 18
years of age at the time of the commission of the crime.