Criminal procedure: search warrants.

2025-2026 Regular Session Introduced by Phillip Chen

Allows a warrant to order return of seized stolen or embezzled currency to a rightful owner, but only after an independent hearing proves theft and prosecutors get 10 days' notice.

In committee: Set, first hearing. Hearing canceled at the request of author.

#criminalprocedure #searchwarrants

Overview / Purpose

AB 1118 (introduced Feb 20, 2025) amends Penal Code section 1524 (as added by Chapter 544, Statutes of 2024) to create a specific procedure for returning seized currency that is alleged to be stolen or embezzled. The bill authorizes search warrants targeting stolen or embezzled currency to include an express order for returning that currency to a lawful owner identified in the warrant — but only after specified procedural safeguards are satisfied.

Key provisions

Explicitly permits a search warrant for stolen or embezzled currency to include an order directing the return of that currency to a lawful owner identified in the warrant.

Requires an independent hearing (if requested) to determine that the seized currency was stolen or embezzled before the currency is returned.

Places the burden on the seizing agency at that hearing to prove, by a preponderance of the evidence, that the currency was stolen or embezzled.

Requires the seizing agency to notify the prosecuting authority in the jurisdiction where the theft or embezzlement may reasonably be prosecuted at least 10 days before returning the currency to the lawful owner.

Leaves intact existing statutory grounds for issuing search warrants (the bill is an amendment to the enumerated grounds in section 1524), and interacts with current defendant motions to return property or suppress evidence.

Who is affected

Victims/lawful owners: creates a path for return of seized currency when identified in a warrant.

Law enforcement and seizing agencies: adds procedural duties (burden of proof at hearing; pre-return notice to prosecutors).

Prosecutors: will receive notice at least 10 days before any return in potentially prosecutable theft/embezzlement matters.

Courts: may see additional independent hearings to adjudicate return requests under the new standard.

Procedural / timeline aspects & legislative status

Author: Assemblymember Chen.

Key dates: read first time Feb 20, 2025; amended and re-referred March 27, 2025; re-referred to Assembly Public Safety March 28, 2025.

Committee status: set for first hearing in Assembly Public Safety (04/07/25) but that hearing was canceled at the request of the author.

Fiscal notes: Digest indicates “Fiscal Committee: YES” (no direct appropriation).

Considerations / potential impacts

Balances victim restitution and prosecutorial interests by requiring notice and a proof standard before return.

May impose additional administrative and litigation workload on local law enforcement and courts (hence fiscal committee review).

Could affect timing of prosecutions or asset-handling procedures depending on outcomes of required hearings.

Bill