Section 647.8 Of Chapter 2. Of Other And Miscellaneous Offenses From California Penal Code >> Title 15. >> Part 1. >> Chapter 2.
647.8
. (a) Matter that is obtained or distributed in violation of
subdivision (j) of Section 647 and that is in the possession of any
city, county, city and county, or state official or agency is subject
to forfeiture pursuant to this section.
(b) An action to forfeit matter described in subdivision (a) may
be brought by the Attorney General, the district attorney, county
counsel, or the city attorney. Proceedings shall be initiated by a
petition of forfeiture filed in the superior court of the county in
which the matter is located.
(c) The prosecuting agency shall make service of process of a
notice regarding that petition upon every individual who may have a
property interest in the alleged proceeds. The notice shall state
that any interested party may file a verified claim with the superior
court stating the amount of his or her claimed interest and an
affirmation or denial of the prosecuting agency's allegation. If the
notice cannot be given by registered mail or personal delivery, the
notice shall be published for at least three successive weeks in a
newspaper of general circulation in the county where the property is
located. All notices shall set forth the time within which a claim of
interest in the property seized is required to be filed.
(d) (1) Any person claiming an interest in the property or
proceeds may, at any time within 30 days from the date of the first
publication of the notice of seizure, or within 30 days after receipt
of actual notice, file with the superior court of the county in
which the action is pending a verified claim stating his or her
interest in the property or proceeds. A verified copy of the claim
shall be given by the claimant to the Attorney General or district
attorney, county counsel, or city attorney, as appropriate.
(2) If, at the end of the time set forth in paragraph (1), an
interested person has not filed a claim, the court, upon motion,
shall declare that the person has defaulted upon his or her alleged
interest, and it shall be subject to forfeiture upon proof of
compliance with subdivision (c).
(e) The burden is on the petitioner to prove beyond a reasonable
doubt that matter is subject to forfeiture pursuant to this section.
(f) It is not necessary to seek or obtain a criminal conviction
prior to the entry of an order for the destruction of matter pursuant
to this section. Any matter described in subdivision (a) that is in
the possession of any city, county, city and county, or state
official or agency, including found property, or property obtained as
the result of a case in which no trial was had or that has been
disposed of by way of dismissal or otherwise than by way of
conviction may be ordered destroyed.
(g) A court order for destruction of matter described in
subdivision (a) may be carried out by a police or sheriff's
department or by the Department of Justice. The court order shall
specify the agency responsible for the destruction.
(h) As used in this section, "matter" means any picture,
photograph, image, motion picture, video tape, film, filmstrip,
negative, slide, photocopy, or other pictorial representation,
recording, or electrical reproduction. "Matter" also means any data
storage media that contains the image at issue, but does not include
the computer, camera, telecommunication or electronic device, unless
the matter consists solely of electronic information stored on a
device that cannot be altered or erased.
(i) Prior for granting an order for destruction of matter pursuant
to this section, the court may require the petitioner to demonstrate
that the petition covers no more property than necessary to remove
possession of the offending matter.
(j) It is a defense in any forfeiture proceeding that the matter
seized was lawfully possessed in aid of legitimate scientific or
educational purposes.