13-4304. Property subject to forfeiture;
exemptions
All property, including all interests in such property, described in a statute
providing for its forfeiture is subject to forfeiture. However:
1. No vehicle used by any person as a common carrier in the transaction of business
as a common carrier may be forfeited under the provisions of this chapter unless it
appears that the owner or other person in charge of the vehicle was a consenting party or
privy to the act or omission giving rise to forfeiture or knew or had reason to know of
it.
2. No vehicle may be forfeited under the provisions of this chapter for any act or
omission established by the owner to have been committed or omitted by a person other
than the owner while the vehicle was unlawfully in the possession of a person other than
the owner in violation of the criminal laws of this state or of the United States.
3. No property may be forfeited pursuant to section 13-3413, subsection A,
paragraph 1 or 3 if the conduct giving rise to the forfeiture both:
(a) Did not involve an amount of unlawful substance greater than the statutory
threshold amount as defined in section 13-3401.
(b) Was not committed for financial gain.
4. No owner's or interest holder's interest may be forfeited under this chapter if
the owner or interest holder establishes all of the following:
(a) He acquired the interest before or during the conduct giving rise to
forfeiture.
(b) He did not empower any person whose act or omission gives rise to forfeiture
with legal or equitable power to convey the interest, as to a bona fide purchaser for
value, and he was not married to any such person or if married to such person, held the
property as separate property.
(c) He did not know and could not reasonably have known of the act or omission or
that it was likely to occur.
5. No owner's or interest holder's interest may be forfeited under this chapter if
the owner or interest holder establishes all of the following:
(a) He acquired the interest after the conduct giving rise to forfeiture.
(b) He is a bona fide purchaser for value not knowingly taking part in an illegal
transaction.
(c) He was at the time of purchase and at all times after the purchase and before
the filing of a racketeering lien notice or the provision of notice of pending forfeiture
or the filing and notice of a civil or criminal proceeding under this title relating to
the property, whichever is earlier, reasonably without notice of the act or omission
giving rise to forfeiture and reasonably without cause to believe that the property was
subject to forfeiture.
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