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CA AB2466
Bill
Status
9/24/2012
Primary Sponsor
Joel Anderson
Click for details
AI Summary
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Authorizes prosecuting agencies to file a petition with the superior court to preserve property and assets of defendants charged with human trafficking under Penal Code Section 236.1 through temporary restraining orders, preliminary injunctions, or receivership appointments.
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Requires notice to interested parties by personal service, registered mail, and publication in a newspaper of general circulation for at least three successive weeks, with a 30-day deadline for filing verified claims of interest in protected property.
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Establishes procedures for asset preservation including recording lis pendens on real property, obtaining court orders to disclose banking and financial institution account information, and allowing interlocutory sales of property at risk of perishing or waste.
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Upon conviction, allows the court to order immediate transfer of preserved property and assets to satisfy restitution orders and fines, with proceeds distributed in priority order to receivers, lienholders, victims as restitution, and then to pay court-imposed fines.
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Protects innocent third parties, including innocent spouses not involved in criminal activity, and permits defendants to request release of assets for reasonable legal fees, living expenses, and bail pending trial.
Legislative Description
Human trafficking: seizure of assets.
Last Action
Chaptered by Secretary of State - Chapter 512, Statutes of 2012.
9/24/2012