§ 11-34-8.3 Criminal forfeitureprocedures. – (a) Any criminal complaint charging an offense under §§ 11-34-8.1 or11-34-8.2 shall set forth with reasonable particularity:
(1) Whether the law enforcement agency seeks to haveforfeited property pursuant to this section; and
(2) What property the law enforcement agency seeks to haveforfeited.
(b) The court may, upon application of the law enforcementagency, enter a restraining order or injunction, require any person claimingany interest in the subject motor vehicle to execute a satisfactory performancebond to the state, or take any other action to preserve the availability of themotor vehicle subject to forfeiture described in § 11-34-8.2 whether priorto or subsequent to the filing of a complaint. Written notice and anopportunity for a hearing shall be afforded to persons appearing to have aninterest in the motor vehicle. The hearing is limited to the issues of whether:
(1) There is a substantial probability that the lawenforcement agency will prevail on the issue of forfeiture and that failure toenter the order will result in the motor vehicle being destroyed, conveyed,encumbered or further encumbered, removed from the jurisdiction of the court,or otherwise made unavailable for forfeitures; and
(2) The need to preserve the availability of property throughthe entry of the requested order outweighs the hardship on any party againstwhom the order is to be entered.
(c) An order under this section may be entered uponapplication of the law enforcement agency without notice or opportunity for ahearing when a complaint has not yet been filed with respect to the property ifthe law enforcement agency demonstrates that there is probable cause to believethat the property with respect to which the order is sought would, in the eventof conviction, be subject to forfeiture under § 11-34-8.2 and thatprovision of notice will jeopardize the availability of the motor vehicle forforfeiture. The order shall expire within ten (10) days of the date on which itis entered unless for good cause shown or unless the party against whom it isentered consents to an extension for a longer period.
(2) A hearing requested by any party in interest concerningan order entered under this subsection shall be held at the earliest possibletime and prior to the expiration of the temporary order.
(3) The court may receive and consider, at the hearing heldpursuant to this subsection, evidence and information that would beinadmissible in court.
(d) Upon conviction of a person for an offense under §11-34-8.1, the court may enter a judgment of forfeiture of the propertydescribed in §§ 11-34-8.2 and 11-34-8.3 to the city or town and shallalso authorize the law enforcement agency to seize the motor vehicle orderedforfeited upon any terms and conditions that the court shall deem proper.Following the entry of an order declaring the property forfeited, the courtmay, upon application of the law enforcement agency, enter any appropriateorders, require the execution of satisfactory performance bonds, appointreceivers, conservators, appraisers, accountants, or trustees, or take anyother action to protect the interest of the law enforcement agency in the motorvehicle ordered forfeited.
(e) All right, title, and interest in the motor vehicledescribed in § 11-34-8.1 vests in the city or town upon the commission ofthe act giving rise to forfeiture under this section subject to the limitationsof § 11-34-8.2. Any such motor vehicle that is subsequently transferred toany person may be the subject of a special verdict of forfeiture and thereaftershall be ordered forfeited to the state, unless the transferee establishes in ahearing that he or she is a bona fide purchaser for value of the motor vehiclewho at the time of purchase was reasonably without cause to believe that themotor vehicle was subject for forfeiture.
§ 11-34-8.3 Criminal forfeitureprocedures. – (a) Any criminal complaint charging an offense under §§ 11-34-8.1 or11-34-8.2 shall set forth with reasonable particularity:
(1) Whether the law enforcement agency seeks to haveforfeited property pursuant to this section; and
(2) What property the law enforcement agency seeks to haveforfeited.
(b) The court may, upon application of the law enforcementagency, enter a restraining order or injunction, require any person claimingany interest in the subject motor vehicle to execute a satisfactory performancebond to the state, or take any other action to preserve the availability of themotor vehicle subject to forfeiture described in § 11-34-8.2 whether priorto or subsequent to the filing of a complaint. Written notice and anopportunity for a hearing shall be afforded to persons appearing to have aninterest in the motor vehicle. The hearing is limited to the issues of whether:
(1) There is a substantial probability that the lawenforcement agency will prevail on the issue of forfeiture and that failure toenter the order will result in the motor vehicle being destroyed, conveyed,encumbered or further encumbered, removed from the jurisdiction of the court,or otherwise made unavailable for forfeitures; and
(2) The need to preserve the availability of property throughthe entry of the requested order outweighs the hardship on any party againstwhom the order is to be entered.
(c) An order under this section may be entered uponapplication of the law enforcement agency without notice or opportunity for ahearing when a complaint has not yet been filed with respect to the property ifthe law enforcement agency demonstrates that there is probable cause to believethat the property with respect to which the order is sought would, in the eventof conviction, be subject to forfeiture under § 11-34-8.2 and thatprovision of notice will jeopardize the availability of the motor vehicle forforfeiture. The order shall expire within ten (10) days of the date on which itis entered unless for good cause shown or unless the party against whom it isentered consents to an extension for a longer period.
(2) A hearing requested by any party in interest concerningan order entered under this subsection shall be held at the earliest possibletime and prior to the expiration of the temporary order.
(3) The court may receive and consider, at the hearing heldpursuant to this subsection, evidence and information that would beinadmissible in court.
(d) Upon conviction of a person for an offense under §11-34-8.1, the court may enter a judgment of forfeiture of the propertydescribed in §§ 11-34-8.2 and 11-34-8.3 to the city or town and shallalso authorize the law enforcement agency to seize the motor vehicle orderedforfeited upon any terms and conditions that the court shall deem proper.Following the entry of an order declaring the property forfeited, the courtmay, upon application of the law enforcement agency, enter any appropriateorders, require the execution of satisfactory performance bonds, appointreceivers, conservators, appraisers, accountants, or trustees, or take anyother action to protect the interest of the law enforcement agency in the motorvehicle ordered forfeited.
(e) All right, title, and interest in the motor vehicledescribed in § 11-34-8.1 vests in the city or town upon the commission ofthe act giving rise to forfeiture under this section subject to the limitationsof § 11-34-8.2. Any such motor vehicle that is subsequently transferred toany person may be the subject of a special verdict of forfeiture and thereaftershall be ordered forfeited to the state, unless the transferee establishes in ahearing that he or she is a bona fide purchaser for value of the motor vehiclewho at the time of purchase was reasonably without cause to believe that themotor vehicle was subject for forfeiture.
§ 11-34-8.3 Criminal forfeitureprocedures. – (a) Any criminal complaint charging an offense under §§ 11-34-8.1 or11-34-8.2 shall set forth with reasonable particularity:
(1) Whether the law enforcement agency seeks to haveforfeited property pursuant to this section; and
(2) What property the law enforcement agency seeks to haveforfeited.
(b) The court may, upon application of the law enforcementagency, enter a restraining order or injunction, require any person claimingany interest in the subject motor vehicle to execute a satisfactory performancebond to the state, or take any other action to preserve the availability of themotor vehicle subject to forfeiture described in § 11-34-8.2 whether priorto or subsequent to the filing of a complaint. Written notice and anopportunity for a hearing shall be afforded to persons appearing to have aninterest in the motor vehicle. The hearing is limited to the issues of whether:
(1) There is a substantial probability that the lawenforcement agency will prevail on the issue of forfeiture and that failure toenter the order will result in the motor vehicle being destroyed, conveyed,encumbered or further encumbered, removed from the jurisdiction of the court,or otherwise made unavailable for forfeitures; and
(2) The need to preserve the availability of property throughthe entry of the requested order outweighs the hardship on any party againstwhom the order is to be entered.
(c) An order under this section may be entered uponapplication of the law enforcement agency without notice or opportunity for ahearing when a complaint has not yet been filed with respect to the property ifthe law enforcement agency demonstrates that there is probable cause to believethat the property with respect to which the order is sought would, in the eventof conviction, be subject to forfeiture under § 11-34-8.2 and thatprovision of notice will jeopardize the availability of the motor vehicle forforfeiture. The order shall expire within ten (10) days of the date on which itis entered unless for good cause shown or unless the party against whom it isentered consents to an extension for a longer period.
(2) A hearing requested by any party in interest concerningan order entered under this subsection shall be held at the earliest possibletime and prior to the expiration of the temporary order.
(3) The court may receive and consider, at the hearing heldpursuant to this subsection, evidence and information that would beinadmissible in court.
(d) Upon conviction of a person for an offense under §11-34-8.1, the court may enter a judgment of forfeiture of the propertydescribed in §§ 11-34-8.2 and 11-34-8.3 to the city or town and shallalso authorize the law enforcement agency to seize the motor vehicle orderedforfeited upon any terms and conditions that the court shall deem proper.Following the entry of an order declaring the property forfeited, the courtmay, upon application of the law enforcement agency, enter any appropriateorders, require the execution of satisfactory performance bonds, appointreceivers, conservators, appraisers, accountants, or trustees, or take anyother action to protect the interest of the law enforcement agency in the motorvehicle ordered forfeited.
(e) All right, title, and interest in the motor vehicledescribed in § 11-34-8.1 vests in the city or town upon the commission ofthe act giving rise to forfeiture under this section subject to the limitationsof § 11-34-8.2. Any such motor vehicle that is subsequently transferred toany person may be the subject of a special verdict of forfeiture and thereaftershall be ordered forfeited to the state, unless the transferee establishes in ahearing that he or she is a bona fide purchaser for value of the motor vehiclewho at the time of purchase was reasonably without cause to believe that themotor vehicle was subject for forfeiture.
