§ 11-49.1-5 Search warrants andforfeitures apparatus. – (a) Search warrants to search for and seize implements, apparatus,paraphernalia and other property and devices kept, possessed or used inviolation of any of the provisions of this chapter, or as a means of committinga violation of this chapter, may be issued as provided by law in chapter 5 oftitle 12; and all implements, apparatus, paraphernalia or other apparatus ordevices found by any officer in executing a search warrant or which shall beproduced and brought into court shall be forfeited to the state, and furtherproceedings shall be had for their forfeiture as is prescribed by law inchapter 21 of title 12 and upon entry of final judgment or forfeiture shall bedestroyed by order of the court.
(2) In addition, those items which were kept, possessed, orused in violation of any of the provisions of this chapter and which have amonetary value may be seized and forfeited, and further proceedings shall behad for their forfeiture as is prescribed by laws in chapter 21 of title 12 andthe further provisions of this section; provided, that no property or moneyused by any person shall be forfeited under the provisions of this chapterunless it shall appear that the owner of the property or money had knowledge,actual or constructive, and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure and whenever property or money is forfeited underthis chapter it shall be utilized as follows:
(1) The law enforcement agency may sell any forfeitedproperty which is not required by this chapter to be destroyed and which is notharmful to the public. The proceeds from the sale are to be distributed inaccordance with subdivision (2) of this subsection.
(2) As to the proceeds from the sale of seized property asreferred to in subdivision (1) of this subsection and as to personal propertyreferred to in subsection (a) of this section, the distribution shall be asfollows:
(i) All proceeds of the forfeiture of real or personalproperty shall be distributed as follows:
(A) Twenty percent (20%) of the proceeds shall be provided tothe attorney general's department to be used to further law enforcementactivities pursuant to this chapter including, but not limited to,investigations, prosecutions, and the administration of this chapter;
(B) Eighty percent (80%) of the proceeds shall be dividedamong the state and local law enforcement agencies proportionately based upontheir contribution to the investigation of the criminal activity related to theasset being forfeited.
(ii) The law enforcement agencies involved in theinvestigation with the assistance of the attorney general shall by agreementdetermine the respective proportionate share to be received by each agency. Ifthe agencies are unable to reach agreement, application shall be made by one ormore of the agencies involved to the presiding justice of the superior court,who shall determine the respective proportionate share attributable to each lawenforcement agency. The proceeds from all forfeitures shall be held by thegeneral treasurer in a separate account until such time as an allocation isdetermined by agreement of the agencies or by the presiding justice. It shallbe the duty and responsibility of the general treasurer to disburse theallocated funds from the separate account to the respective law enforcementagencies.
§ 11-49.1-5 Search warrants andforfeitures apparatus. – (a) Search warrants to search for and seize implements, apparatus,paraphernalia and other property and devices kept, possessed or used inviolation of any of the provisions of this chapter, or as a means of committinga violation of this chapter, may be issued as provided by law in chapter 5 oftitle 12; and all implements, apparatus, paraphernalia or other apparatus ordevices found by any officer in executing a search warrant or which shall beproduced and brought into court shall be forfeited to the state, and furtherproceedings shall be had for their forfeiture as is prescribed by law inchapter 21 of title 12 and upon entry of final judgment or forfeiture shall bedestroyed by order of the court.
(2) In addition, those items which were kept, possessed, orused in violation of any of the provisions of this chapter and which have amonetary value may be seized and forfeited, and further proceedings shall behad for their forfeiture as is prescribed by laws in chapter 21 of title 12 andthe further provisions of this section; provided, that no property or moneyused by any person shall be forfeited under the provisions of this chapterunless it shall appear that the owner of the property or money had knowledge,actual or constructive, and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure and whenever property or money is forfeited underthis chapter it shall be utilized as follows:
(1) The law enforcement agency may sell any forfeitedproperty which is not required by this chapter to be destroyed and which is notharmful to the public. The proceeds from the sale are to be distributed inaccordance with subdivision (2) of this subsection.
(2) As to the proceeds from the sale of seized property asreferred to in subdivision (1) of this subsection and as to personal propertyreferred to in subsection (a) of this section, the distribution shall be asfollows:
(i) All proceeds of the forfeiture of real or personalproperty shall be distributed as follows:
(A) Twenty percent (20%) of the proceeds shall be provided tothe attorney general's department to be used to further law enforcementactivities pursuant to this chapter including, but not limited to,investigations, prosecutions, and the administration of this chapter;
(B) Eighty percent (80%) of the proceeds shall be dividedamong the state and local law enforcement agencies proportionately based upontheir contribution to the investigation of the criminal activity related to theasset being forfeited.
(ii) The law enforcement agencies involved in theinvestigation with the assistance of the attorney general shall by agreementdetermine the respective proportionate share to be received by each agency. Ifthe agencies are unable to reach agreement, application shall be made by one ormore of the agencies involved to the presiding justice of the superior court,who shall determine the respective proportionate share attributable to each lawenforcement agency. The proceeds from all forfeitures shall be held by thegeneral treasurer in a separate account until such time as an allocation isdetermined by agreement of the agencies or by the presiding justice. It shallbe the duty and responsibility of the general treasurer to disburse theallocated funds from the separate account to the respective law enforcementagencies.
§ 11-49.1-5 Search warrants andforfeitures apparatus. – (a) Search warrants to search for and seize implements, apparatus,paraphernalia and other property and devices kept, possessed or used inviolation of any of the provisions of this chapter, or as a means of committinga violation of this chapter, may be issued as provided by law in chapter 5 oftitle 12; and all implements, apparatus, paraphernalia or other apparatus ordevices found by any officer in executing a search warrant or which shall beproduced and brought into court shall be forfeited to the state, and furtherproceedings shall be had for their forfeiture as is prescribed by law inchapter 21 of title 12 and upon entry of final judgment or forfeiture shall bedestroyed by order of the court.
(2) In addition, those items which were kept, possessed, orused in violation of any of the provisions of this chapter and which have amonetary value may be seized and forfeited, and further proceedings shall behad for their forfeiture as is prescribed by laws in chapter 21 of title 12 andthe further provisions of this section; provided, that no property or moneyused by any person shall be forfeited under the provisions of this chapterunless it shall appear that the owner of the property or money had knowledge,actual or constructive, and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall notbe repleviable, but shall be deemed to be in the custody of the law enforcementagency making the seizure and whenever property or money is forfeited underthis chapter it shall be utilized as follows:
(1) The law enforcement agency may sell any forfeitedproperty which is not required by this chapter to be destroyed and which is notharmful to the public. The proceeds from the sale are to be distributed inaccordance with subdivision (2) of this subsection.
(2) As to the proceeds from the sale of seized property asreferred to in subdivision (1) of this subsection and as to personal propertyreferred to in subsection (a) of this section, the distribution shall be asfollows:
(i) All proceeds of the forfeiture of real or personalproperty shall be distributed as follows:
(A) Twenty percent (20%) of the proceeds shall be provided tothe attorney general's department to be used to further law enforcementactivities pursuant to this chapter including, but not limited to,investigations, prosecutions, and the administration of this chapter;
(B) Eighty percent (80%) of the proceeds shall be dividedamong the state and local law enforcement agencies proportionately based upontheir contribution to the investigation of the criminal activity related to theasset being forfeited.
(ii) The law enforcement agencies involved in theinvestigation with the assistance of the attorney general shall by agreementdetermine the respective proportionate share to be received by each agency. Ifthe agencies are unable to reach agreement, application shall be made by one ormore of the agencies involved to the presiding justice of the superior court,who shall determine the respective proportionate share attributable to each lawenforcement agency. The proceeds from all forfeitures shall be held by thegeneral treasurer in a separate account until such time as an allocation isdetermined by agreement of the agencies or by the presiding justice. It shallbe the duty and responsibility of the general treasurer to disburse theallocated funds from the separate account to the respective law enforcementagencies.
