13-4306

13-4306. Powers and duties of peace officers
and agencies

A. In the event of a seizure for forfeiture under section 13-4305, the property is
not subject to replevin, conveyance, sequestration or attachment but is deemed to be in
the custody of the law enforcement agency making the seizure for forfeiture. The seizing
agency or the attorney for the state may authorize the release of the seizure for
forfeiture of the property if forfeiture or retention is unnecessary, may transfer the
property to any other state or federal agency or may transfer the action to another
attorney for the state by discontinuing forfeiture proceedings in favor of forfeiture
proceedings initiated by the other agency or attorney. An action pursuant to this
chapter shall be consolidated with any other action or proceeding pursuant to this title
relating to the same property on motion by the attorney for the state in either action.

B. If property is seized for forfeiture under section 13-4305, pending forfeiture
and final disposition, the seizing agency may do any of the following:

1. Remove the property to a storage area for safekeeping or, if the property is a
negotiable instrument or money, deposit it in an interest bearing account.

2. Remove the property to a place designated by the court.

3. Provide for another custodian or agency to take custody of the property and
remove it to an appropriate location within the jurisdiction of the court.

C. As soon as practicable after seizure for forfeiture, the seizing agency shall
conduct an inventory and estimate the value of the property seized. Within twenty days
the seizing agency or the attorney for the state shall make reasonable efforts to provide
notice of seizure for forfeiture to all persons known to have an interest in the seized
property.

D. A person who acts in good faith and in a reasonable manner to comply with an
order of the court or a request of a peace officer is not liable to any person for acts
done in compliance with the order or request.

E. A possessory lien of a person from whose possession property is seized is not
affected by the seizure.

F. In the event of a seizure for forfeiture under section 13-4305, the seizing
agency shall send to an attorney for the state a written request for forfeiture within
twenty days, which shall include a statement of facts and circumstances of the seizure
including the names of witnesses then known, the appraised or estimated value of the
property and a summary of the facts relied on for forfeiture.

G. An owner of property seized for forfeiture may obtain the release of the seized
property by posting with the attorney for the state a surety bond or cash in an amount
equal to the full fair market value of the property as determined by the attorney for the
state. The state may refuse to release the property if any of the following applies:

1. The bond or cash tendered is inadequate.

2. The property is retained as contraband or evidence.

3. The property is particularly altered or designed for use in conduct giving rise
to forfeiture.

H. If an owner of property posts a surety bond or cash and the property is
forfeited the court shall forfeit the surety bond or cash in lieu of the property.