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(a) In any case in which a person is charged with a violation of Section 3602, prior to acquittal or conviction, the court shall not suspend or stay the proceedings for the purpose of allowing the accused person to attend or participate, nor shall the court consider dismissal of or entertain a motion to dismiss the proceedings because the accused person attends or participates during that suspension, in a treatment program for persons who are habitual users of alcohol or other alcoholism program, or a treatment program for persons who are habitual users of drugs or other drug-related program.
(b) This Section shall not apply to any attendance or participation in any treatment programs after conviction and sentencing, including attendance or participation in any of those programs as a condition of probation granted after conviction when permitted pursuant to this Article.
(Added by Ord. 399-82, App. 8/12/82)
(Added by Ord. 399-82, App. 8/12/82)
(b) Any firearm described in Subdivision (a) shall be surrendered to the magistrate before whom the person is taken, except that in any city or county the firearms shall be surrendered to the head of the Police or Sheriff's Department. The officers to whom the firearms are surrendered, except upon the certificate of a judge of a court of record, or of the district attorney of the county, that the preservation thereof is necessary or proper to the ends of justice, shall annually, between the first and tenth days of July, in each year, destroy the firearms or cause them to be destroyed to such extent that they shall be wholly and entirely ineffective and useless for the purpose for which they were manufactured. If any firearm has been stolen and is thereafter recovered from the thief or his transferee, it shall not be destroyed but shall be restored to the lawful owner, in the event that owner is not prohibited from possessing the gun by Article 35 of the Police Code, as soon as its use as evidence has been served, upon his identification of the weapon and proof of ownership.
(Added by Ord. 399-82, App. 8/12/82)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of the Article or any part thereof, is for any reason to be held unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Article or any part thereof. The Board of Supervisors hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(Added by Ord. 399-82, App. 8/12/82)