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item_5.1_property_and_evidence_ordinance_final_lpd

Lathrop City Council
August 8, 2022

Document
item_5.1_property_and_evidence_ordinance_final_lpd
Meeting
August 8, 2022
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Lathrop City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on www.ci.lathrop.ca.us. That file is the official record.

PUBLIC HEARING (PUBLISHED NOTICE) TO CONSIDER FIRST READING AND INTRODUCTION OF AN ORDINANCE AMENDING TITLE 9 “PUBLIC PEACE AND WELFARE” OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9.24 TITLED “PROPERTY AND EVIDENCE.”

CITY COUNCIL REGULAR MEETING
AUGUST 8, 2022 | ITEM: 5.1
1 2

BACKGROUND
 On June 29, 2022, the Lathrop Police
Department took over the law enforcement
services of the City of Lathrop from the San
Joaquin County Sheriff’s Department.
 The Lathrop Police Department Property
and Evidence Unit identified the need for
local authority in regards to unclaimed
property.
3 TYPES OF UNCLAIMED PROPERTY
 Safekeeping Property
 Property with a known owner that has no evidentiary value.  Owner is notified that the department has possession of the property, how they can claim their property, and the duration that property is held.  Found Property
 Property with an unknown owner with no evidentiary value.  Owner can be later identified, at which time owner is notified that the department has possession of the property, how they can claim their property, and the duration that property is held.
4 TYPES OF UNCLAIMED PROPERTY
 Evidence
 Evidence is property seized pursuant to an official criminal investigation.  Evidence has evidentiary value as it may prove or disprove the commission of a crime and/or the identity of a suspect.
 It may or may not have a known owner.
 Prior to evidence being dispositioned the case must be closed.  Once the case is dispositioned and approved to be released, the property becomes safekeeping.  The owner is notified that the department has possession of the property, how they can claim their property, and the duration that property is held.
 Items we collect include, but are not limited to personal property, currency, firearms, toys, bicycles, electronics, etc.
5 CALIFORNIA CODES FOR UNCLAIMED PROPERTY
 California Civil Code 2080
 Sets duration requirement to hold safekeeping and found property.  Allows for Cities and Counties to create local authority to dispose of unclaimed property.
 Sets forth the requirements to notify the property owner and the process to claim their items.
 Welfare and Institution Code 217
 Allows for Cities and Counties to create local authority to donate toys and bicycles to a non-profit organization whose program or activity is designed to prevent juvenile delinquency.
 Penal Code Section 34005
 Authority for a law enforcement agency to retain firearms for official duties.
6 PROPOSED ORDINANCE  Add Chapter 9.24 “Property and Evidence”  Allows for timely disposition of unclaimed property.
 Helps prevent backlog of items in property
evidence storage.
 Allows for the donation of items to non-
profit organizations, which helps the
community.
 Allows for the City of Lathrop Police
Department to utilize unclaimed property for
training of our officers.
 Allows the City of Lathrop Police
Department to auction unclaimed property.
7 RECOMMENDATION
 Hold a Public Hearing; and
 First Reading and Introduction of an Ordinance Amending Title 9 “Public Peace and Welfare” of the Lathrop Municipal Code by adding new Chapter 9.24 Titled “Property and Evidence”

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