Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds.

Plain English Breakdown

The official source does not specify who 'allows' officials to hold or seize agricultural products, but it implies that existing law already authorizes this action.

Agricultural Theft Prevention: Shorter Holding Period for Proceeds

This law changes how long agricultural proceeds must be held before being deposited into a county's general fund, reducing the time from six months to three months.

What This Bill Does

• Requires officials to hold or seize agricultural products if they believe someone is unlawfully possessing them.
• Requires these products to be turned over to an agricultural commissioner for safekeeping.
• If the rightful owner cannot claim the product within a certain time, it can be sold by the commissioner.
• Changes the holding period of sale proceeds from six months to three months before depositing into the county's general fund.

Who It Names or Affects

• Agricultural commissioners
• Peace officers and law enforcement involved in agricultural theft cases
• County governments

Terms To Know

Proceeds

Money received from selling something.

Commissioner

An official who oversees and manages specific areas of government work, in this case, agriculture.

Limits and Unknowns

• The bill does not specify what happens if the rightful owner claims the proceeds after three months.
• It is unclear how this change will affect recovery rates for agricultural theft victims.
• This summary only covers parts of the bill and may not include all details.

Official Summary Text

AB 312, as introduced, Alanis.
Agricultural theft prevention: retention and sale of agricultural commodity: holding and deposit of proceeds.
Existing law authorizes, upon reasonable belief that a person is in unlawful possession of an agricultural commodity, as specified, the Secretary of Food and Agriculture, a county agricultural commissioner, or any peace officer to hold or seize the commodity and requires the commodity to be turned over to the custody of the commissioner. Existing law authorizes the commissioner if, for any reason, the commodity is not released to the rightful owner after being in the custody of the commissioner, as specified, to sell the commodity and hold all of the proceeds derived from the sale of the commodity for a period of not less than 6 months, during which time the lawful owner of the commodity may submit satisfactory proof of ownership and obtain possession of the proceeds. Existing law requires if, after retention of the proceeds for a period of at least 6 months, no demand is made or if proof
of ownership is not supplied, the commissioner to deposit the proceeds of the sale of the commodity into the general fund of the county.
This bill would require the commissioner to hold the proceeds of the sale of a commodity for at least 3 months, rather than 6 months, before depositing them into the general fund of the county.

Current Bill Text

Download Bill PDF