Criminal procedure: search warrants.

Assembly Member Chen's legislation revises California's search warrant procedures to establish new protocols for handling seized currency and protecting privileged documents. The bill creates a framework requiring independent hearings before stolen or embezzled currency can be returned to lawful owners identified in search warrants.

Under the new provisions, law enforcement agencies must notify individuals when currency is seized and provide a 30-day window to request a hearing. At these hearings, agencies bear the burden of proving by a preponderance of evidence that the currency was stolen or embezzled. The bill mandates that agencies notify prosecuting authorities at least 10 days before returning any seized currency.

The legislation also modifies procedures for searching locations containing privileged documents held by attorneys, physicians, psychotherapists, and clergy members. Courts must appoint special masters - neutral attorneys selected from a State Bar list - to oversee these searches and ensure privileged materials remain protected. The special masters conduct searches independently while maintaining confidentiality of sensitive information, only sharing findings directly with the court when necessary.

These changes take effect January 1, 2026, providing time for courts and law enforcement agencies to implement the new requirements for currency seizures and privileged document searches. The bill maintains existing protections allowing individuals to challenge searches through suppression motions while adding specific procedures for returning stolen property to rightful owners.