§712A-7  Powers and duties of law
enforcement officers and agencies.  (1)  In the event of a seizure for
forfeiture under section 712A-6, 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 prosecuting attorney may authorize the release of the seizure for
forfeiture on the property if forfeiture or retention is unnecessary, may
transfer the property to any other county, state, or federal agency or may
transfer the action to another prosecuting attorney by discontinuing forfeiture
proceedings in favor of forfeiture proceedings initiated by the other agency or
prosecuting attorney.  An action pursuant to this chapter shall be consolidated
with any other action or proceeding pursuant to this chapter relating to the
same property upon motion by the prosecuting attorney in either action.



(2)  If property is seized for forfeiture under
section 712A-6 pending forfeiture and final disposition, the seizing agency may
do any of the following:



(a) Place the property under constructive seizure by
posting notice of seizure for forfeiture on the property or by filing notice of
seizure for forfeiture or notice of pending forfeiture in any appropriate
public record relating to the property;



(b) 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;



(c) Remove the property to a place designated by the
court; or



(d) Provide for another agency to take custody of the
property and remove it to an appropriate location within the jurisdiction of
the court.



(3)  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 after seizure for forfeiture
the seizing agency shall make reasonable efforts to give notice of seizure for
forfeiture in the manner provided in section 712A-8(a) or 712A-8(b) to all
parties known to have an interest in the seized property.



(4)  In the event of a seizure for forfeiture
under section 712A-6, the seizing agency shall send to a prosecuting attorney a
written request for forfeiture within thirty days, which shall include a
statement of facts and circumstances of the seizure, the appraised or estimated
value of the property, and a summary of the facts relied on for forfeiture. [L
1988, c 260, pt of §1; am L 1991, c 166, §2]