Los Angeles Municipal Code Art. 14 Trust Fund for Monies Seized Incidental to Arrests

(a) There is hereby established within the Treasury of the City of Los Angeles a fund known as the “ Unclaimed Monies Seized Incidental to Arrests Trust Fund,” hereinafter referred to as “Fund.” The Fund shall be administered by the Los Angeles Police Department, hereinafter referred to as “Department,” subject to provisions of Subsections b, c, d, e and f of this section. No monies shall be disbursed from the Fund except as provided by this section.

(b) The Department shall maintain a record of the date, amount, and circumstances of seizure, including the location thereof and the amounts, if any, in possession of specific named persons at the location of the seizure.

A record shall also be kept of the dates and amounts of deposit in said Fund.

(c) Money to be deposited into the Fund shall be unclaimed money which is seized in connection with arrests made for violations of criminal laws or otherwise seized not pursuant to the issuance of a court search warrant, provided:

1. The rightful owner of the money is not known to the Department, and

2. The Department has first held the money in custody for six months, and

3. It has been determined that the money is not going to be used in any criminal prosecution.

(d) Money shall not be deposited into the Fund if it is:

1. Money with respect to which the ownership is the subject of a court action which has been filed (in which event the money or an equivalent sum shall be transferred into the possession of the court where the litigation is pending); or

2. Money seized pursuant to a duly executed search warrant, unless the court issuing the warrant has specifically approved the

deposit or inclusion of the money into the Fund (in which event the money shall be deposited into the Fund notwithstanding c above).

(e) The Department shall establish procedures for the refund of any moneys required by law to be refunded. In the event of a claim for return of any moneys in the Fund prior to said moneys becoming public money as provided in Subsection (f), the Department shall review the claim for completeness and accuracy and submit the claim together with the Department’s report and recommendations of approval, partial approval, or disapproval to the City Attorney for review as to the legality of payment, if any, to the claimant. If it is determined that the claim or any part thereof should be satisfied by payment from the Fund, the Department shall forthwith cause the necessary disbursement to be made therefrom subject to approval of the Board of Police Commissioners or its designee.

(f) Pursuant to the provisions of California Government Code Sections 50050 through 50053 and 50055, the Department shall periodically review the status of monies in the Fund and inform the City Treasurer and the City Controller of any amounts to be escheated. The City Treasurer shall then take the necessary action to effect these proceedings, shall cause any required notices to be published, and shall inform the City Council with respect to any monies therein which have by law become public money. Upon receipt of such information the City Council may cause those public monies to be transferred to the General Fund.

SECTION HISTORY

Added by Ord. No. 159,509, Eff. 12-21-84.

Amended by: Ord. No. 170,017, Eff. 10-10-94.