Section 236.11 Of Chapter 8. False Imprisonment And Human Trafficking From California Penal Code >> Title 8. >> Part 1. >> Chapter 8.
236.11
. (a) If the trier of fact at the forfeiture hearing finds
that the alleged property, instruments, or proceeds are forfeitable
pursuant to Section 236.7 and the defendant was engaged 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, the court shall declare that property or proceeds forfeited to
the state or local governmental entity, subject to distribution as
provided in Section 236.12. No property solely owned by a bona fide
purchaser for value shall be subject to forfeiture.
(b) If the trier of fact at the forfeiture hearing finds that the
alleged property is forfeitable pursuant to Section 236.7 but does
not find that a person holding a valid lien, mortgage, security
interest, or interest under a conditional sales contract acquired
that interest with actual knowledge that the property was to be used
for a purpose for which forfeiture is permitted, and the amount due
to that person is less than the appraised value of the property, that
person may pay to the state or the local governmental entity that
initiated the forfeiture proceeding the amount of the registered
owner's equity, which shall be deemed to be the difference between
the appraised value and the amount of the lien, mortgage, security
interest, or interest under a conditional sales contract. Upon
payment, the state or local governmental entity shall relinquish all
claims to the property. If the holder of the interest elects not to
pay the state or local governmental entity, the property shall be
deemed forfeited to the state or local governmental entity and the
ownership certificate shall be forwarded. The appraised value shall
be determined as of the date judgment is entered either by agreement
between the legal owner and the governmental entity involved, or, if
they cannot agree, by a court-appointed appraiser for the county in
which the action is brought. A person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract
shall be paid the appraised value of his or her interest.
(c) If the amount due to a person holding a valid lien, mortgage,
security interest, or interest under a conditional sales contract is
less than the value of the property and the person elects not to make
payment to the governmental entity, the property shall be sold at
public auction by the Department of General Services or by the local
governmental entity. The seller shall provide notice of the sale by
one publication in a newspaper published and circulated in the city,
community, or locality where the sale is to take place.
(d) Notwithstanding subdivision (c), a county may dispose of real
property forfeited to the county pursuant to this chapter by the
process prescribed in Section 25538.5 of the Government Code.