Bill > AB1118

This bill amends California's search warrant laws to provide a more detailed process for returning stolen or embezzled currency to its lawful owner. Specifically, the bill allows search warrants for stolen or embezzled currency to include an order for returning the currency to its rightful owner through a structured legal process. The process requires the law enforcement agency seizing the currency to serve a copy of the warrant to the person from whom it was taken, and provides that person with the opportunity to request a hearing within 30 days. At such a hearing, the law enforcement agency must prove by a preponderance of evidence that the currency was indeed stolen or embezzled. The bill also mandates that the agency notify the local prosecuting authority at least 10 days before returning the currency, ensuring transparency and allowing potential prosecution. The law will become operative on January 1, 2026, and applies to various forms of currency, including both traditional (fiat) currency and cryptocurrency. This change aims to protect property rights while maintaining a clear legal mechanism for investigating and addressing potential theft or embezzlement.

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https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB1118