186.13.
(a) Notwithstanding Section 1524, a law enforcement officer or prosecuting agency, as defined, may obtain a search warrant to seize digital assets or wallets, accounts, or similar things containing digital assets (collectively “digital assets”), upon a showing of probable cause that the digital assets meet any of the following:
(1) Contain or have contained the proceeds of a crime or proceeds traceable to a violation of Section 211, 484, 496, 518, 530.5, or 532, or any crime that is listed in subdivision (c) of Section 803.
(2) Have been used to facilitate a violation of Section 211, 484, 496, 518, 530.5, or 532, or any crime that is listed in subdivision (c) of Section 803.
(3) Contain or have contained digital assets involved in money laundering in violation of Section 186.10, or traceable to such property.
(b) The search warrant application shall specify any centralized exchanges, custodians of digital assets, addresses, or other locations from which digital assets will be seized. The affidavit shall describe how the warrant will be served, such as delivery to a known law enforcement portal of a person engaged in business activity related to digital assets. The search warrant shall specify the amount of digital assets to be seized from each location, subject to all of the following:
(1) The search warrant may authorize seizure of either of the following:
(A) All digital assets involved in money laundering in violation of Section 186.10, and any digital assets traceable to such property.
(B) Digital assets up to the amount of proceeds received, the amount of digital assets used to facilitate crime, or the amount of digital assets traceable to crime.
(2) The search warrant may authorize seizure of digital assets related to crimes and victims in other jurisdictions so long as jurisdiction relating to a California crime is established.
(3) The search warrant may authorize seizure of substitute digital assets if the target no longer has control of the relevant digital assets.
(c) A law enforcement officer or prosecuting agency may send a written request to freeze digital assets to allow time to pursue a search warrant pursuant to this section. A person or group of persons receiving such a request shall freeze the relevant digital assets for 10 calendar days from receipt of the request, if the person or group of persons is capable of complying with the request. The person or group of persons may, but is not required to, notify the possessor of the digital assets that they have been frozen at the request of a California law enforcement agency.
(d) The court shall issue a warrant where jurisdiction is established and probable cause appears in the affidavit. Upon issuance of the search warrant, law enforcement shall execute the search warrant by taking the digital assets into law enforcement custody for safekeeping or taking other actions that are necessary to prevent the property from being transferred or dissipated.
(e) (1) Within 180 days of any seizure conducted pursuant to subdivision (a), a prosecuting agency may initiate a special proceeding of a criminal nature by applying to the court on behalf of the people of the State of California to forfeit the seized digital assets as described in this section. The prosecuting agency shall have the initial burden of establishing by a preponderance of the evidence as shown in a declaration attached to the application, that the seized property falls within subdivision (a). The court shall summarily dismiss the application if it does not establish that the property falls within subdivision (a).
(2) Unless the period is extended by a court upon a showing of good cause, if no such proceeding is initiated within 180 days of a seizure and no other law prohibits the return, the seized digital assets shall be returned to the party from whom they were seized unless prohibited by law.
(3) If a special proceeding is initiated, the prosecuting agency shall make efforts reasonably calculated to provide notice to all readily ascertainable potential owners of the digital assets and anyone with a known security interest. Each person noticed has 30 days to file a verified claim. The 30-day period begins on the date of service. The court shall not extend the time for filing a claim unless a potential claimant files a request for extension of time, including a declaration showing good cause for the extension.
(4) For a special proceeding initiated pursuant to this section, the court shall be required to make a finding on the record that establishes by a preponderance of the evidence, the court’s jurisdiction over the property at issue.
(f) (1) A verified claim shall be filed under penalty of perjury and supported by admissible evidence. The claimant bears the burden by a preponderance of the evidence to show that the seized digital assets belong to the claimant and were obtained by legitimate means.
(2) If the claimant is a natural person, the verified claim shall set forth the true name, date of birth, nationality, occupation, physical address, telephone number, and email address of the claimant. The claim shall include a photograph of a national identity document or an identity document issued by a state or territory of the United States, and a picture of the claimant.
(3) If the claimant is a legal entity recognized by California law, the verified claim shall set forth the legal entity’s registered name and business address, as well as the telephone number and email address of its authorized representative.
(4) The claim shall respond to all allegations in the petition for forfeiture and be supported by declarations, exhibits, and any other evidence upon which the claimant intends to rely.
(5) All evidence and arguments not included in the initial claim are forfeited, absent a good cause finding by the court.
(g) Upon filing of a claim, unless it is denied as plainly without merit, the court shall give the prosecuting agency time to file a response with any additional evidence and argument related to the claim. The court may adjudicate the claim based on the affidavit in support of the warrant, the verified claim and any evidence submitted by the claimant, and the response with any additional evidence submitted by the prosecuting agency. The court shall file an order adjudicating the claim or set a hearing on the claim.
(h) (1) If the court sets a hearing, the parties may conduct discovery in accordance with the Code of Civil Procedure to the extent permitted by the court.
(2) The court shall issue any orders as they deem necessary to expedite the process and focus litigation and discovery on issues that will help the court resolve the claim.
(3) At any time prior to or during the hearing, if the court determines that they have received sufficient information to resolve the disputed issues raised by the claim, the court may halt proceedings and issue an order resolving the validity of the claim on the court’s own motion. Otherwise, the court shall issue an order resolving the claim at the conclusion of the hearing.
(i) After all claims are resolved, the court shall issue a final judgment forfeiting the remaining digital assets. The judgment may be reviewed only by a writ of mandate from the court of appeal. Unless the court of appeal issues a stay, after 30 days ownership the forfeited digital assets shall immediately transfer to the prosecuting agency for distribution to the victims pursuant to subdivision (j). Unless proceedings are stayed, the prosecuting agency shall distribute the digital assets as soon as practical. The government’s interest in distribution to victims pursuant to this section shall take precedence over individual claims based on constructive trust or other civil claims that individual victims may assert.
(j) (1) The seized digital assets shall be used to compensate victims of the crimes or fraud schemes underlying an action pursuant to this section, pro rata, up to the value of their actual loss, and victims of similar or related crimes or frauds.
(2) If the prosecuting agency determines it is appropriate and not unduly burdensome, the prosecuting agency may establish a claims procedure to include victims whose cases were not used to establish the crimes or fraud schemes in the underlying action pursuant to this section.
(A) The agency shall make efforts reasonably calculated to identify and provide notice to additional victims of the crimes or fraud schemes underlying the action and inform them of the procedure to file a claim.
(B) After the expiration of the claims period, the prosecuting agency shall grant or deny each claim and determine the amount of each victim’s loss for approved claims.
(C) Once all additional claims are adjudicated, the prosecuting agency shall distribute the seized digital assets to those victims whose cases were used as part of the action and those additional victims whose claims are approved on a pro rata basis up to the amount of their actual loss.
(3) If a prosecuting agency determines that a claims procedure to identify additional victims is inappropriate or impractical, the prosecuting agency shall still be required to return funds to all victims whose cases were used as part of this action on a pro rata basis up to the amount of their actual loss.
(4) Any digital assets not distributed to victims as set forth in this section shall be kept in the custody of the law enforcement or prosecuting agency for a maximum of three years, upon which time the forfeited assets shall be deposited into the Restitution Fund exclusively for the purpose of providing victim services.
(k) A special proceeding pursuant to paragraph (1) of subdivision (e) may be filed in any county where any victim of the underlying crimes or fraud schemes resides or in any county where any portion of the crimes or underlying fraud schemes occurred. The action may be prosecuted by a prosecuting agency. For purposes of this section, a “prosecuting agency” is a city attorney, district attorney, or the Attorney General.
(l) Service of process may be made as follows:
(1) Email service may be made to the email address associated with the seized account.
(2) Mail service may be made to the address associated with the seized account.
(3) Upon a showing that none of the listed methods of service are possible or practical, the court shall permit service by publication or by such other means as the court deems sufficient, including blockchain service.
(m) The court, in making any of its orders under this section, shall seek to protect the legitimately acquired interests of any innocent third persons, including family, as defined in subdivision (c) of Section 6650 of the Family Code, who were not involved in the commission of any criminal activity.
(n) (1) Beginning July 1, 2028, and annually thereafter, a prosecuting agency or the law enforcement agency of a law enforcement officer that seeks to remit seized digital property to victims pursuant to this section shall report to the Department of Justice, in a manner and format determined by the department, all of the following information related to search warrants and property seized pursuant to this section:
(A) The number of requests for remission filed and granted by a court.
(B) The type and quantity of property that the prosecuting agency seeks to remit to victims.
(C) The number of verified claims filed pursuant to subdivision (f) and the outcome of those claims.
(D) The number of victims compensated for their loss through the seizure of the property, the type and quantity of property remitted to victims, and at what percentage compared to the actual loss suffered by the victim.
(2) On or before January 1, 2029, and annually thereafter, the Department of Justice shall report the information provided pursuant to paragraph (1) to the Legislature and publish it on its internet website. A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(o) This section shall remain in effect only until January 1, 2032, and as of that date is repealed.