§ 31-27-4.4 Motor vehicle forfeitureprocedure. – (a) Any criminal complaint, information, or indictment charging a violation of§ 31-27-4.1 shall set forth with reasonable particularity the motorvehicle that the attorney general seeks to forfeit pursuant to this section.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject vehicle to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of the vehiclesubject to forfeiture described in § 31-27-4.3, whether prior orsubsequent to the filing of a complaint, indictment, or information.
(2) Written notice and an opportunity for a hearing shall beafforded to persons appearing to have an interest in the vehicle, the hearing,however, to be limited to the issues of whether:
(i) There is a substantial probability that the state willprevail on the issue of forfeiture and that failure to enter the order willresult in the vehicle being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, depreciated in value orotherwise made unavailable for forfeiture; and
(ii) The need to preserve the availability of the vehiclethrough the entry of the requested order outweighs the hardship on any partyagainst whom the order is to be entered.
(c) A temporary restraining order under this section may beentered upon application of the attorney general without notice or opportunityfor a hearing when a complaint, information, or indictment has not yet beenfiled with respect to the vehicle if the attorney general demonstrates thatthere is probable cause to believe that the vehicle with respect to which theorder is sought would, in the event of conviction, be subject to forfeitureunder § 31-27-4.3 and that provision of notice will jeopardize theavailability of the vehicle for forfeiture. The temporary restraining ordershall expire within ten (10) days of the date on which it is entered unlessextended for good cause shown or unless the party against whom it is enteredconsents 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 the covered offense, thecourt may enter a judgment of forfeiture of the vehicle described in §31-27-4.1 to the state and may also authorize the attorney general to seize themotor vehicle ordered forfeited upon any terms and conditions that the courtshall deem proper. Following the entry of an order declaring the vehicleforfeited, the court may, upon application of the attorney general:
(1) Enter appropriate restraining orders or injunctions;
(2) Require the execution of satisfactory performance bonds,appoint receivers, conservators, appraisers, accountants, or trustees; or
(3) Take any other action to protect the interest of thestate in the property ordered forfeited.
(e) All right, title, and interest in the vehicle describedin § 31-27-4.1 vests in the state upon the commission of the act givingrise to forfeiture under this chapter. Any such vehicle that is subsequentlytransferred to any person may be the subject of a special verdict of forfeitureand shall be ordered forfeited to the state, unless the transferee establishesin a hearing pursuant to subsection (f) of this section that he or she is abona fide purchaser for value of the vehicle who at the time of purchase wasreasonably without cause to believe that the vehicle was subject to forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture shall be as follows:
(1) Following the entry of an order of forfeiture under thissection, the state shall publish notice of the order and of its intent todispose of the vehicle once per week for at least three (3) weeks in any mannerthat the attorney general may provide by regulation. The attorney general shallalso, to the extent practicable, provide written notice to all parties known tohave an interest in the vehicle and all parties whose identity is reasonablysubject to discovery and who may have an interest in the forfeited vehicle.
(2) Any person, other than the defendant, asserting anyinterest in the vehicle that has been ordered forfeited to the state pursuantto this section may, within one hundred eighty (180) days of the finalpublication of notice or his or her receipt of notice under subdivision (1) ofthis subsection, whichever is earlier, petition the court for a hearing toadjudicate the validity of his or her alleged interest in the vehicle.
(3) The petition shall be signed by the petitioner underpenalty of perjury and shall set forth the nature and extent of thepetitioner's right, title, or interest in the vehicle; any additional factssupporting the petitioner's claim; and the relief sought.
(4) The hearing on the petition shall, to the extentpracticable and consistent with the interest of justice, be held within thirty(30) days of the filing of the petition. The court may consolidate the hearingon the petition with a hearing on any other petition filed by a person otherthan the defendant and concerning the same vehicle.
(5) At a hearing, the petitioner may testify and presentevidence and witnesses on his or her own behalf, and cross-examine witnesseswho appear at the hearing. The state may present evidence and witnesses inrebuttal and in defense of its claim to the vehicle and cross-examine witnesseswho appear at the hearing. In addition to testimony and evidence presented atthe hearing, the court shall consider the relevant portions of the record ofthe criminal case that resulted in the order of forfeiture.
(6) In accordance with its findings at the hearing, the courtshall amend the order of forfeiture if it determines that the petitioner hasestablished by a preponderance of the evidence that:
(i) The petitioner has a right, title, or interest in thevehicle, and the right, title or interest was vested in the petitioner ratherthan the defendant or was superior to any right, title, or interest of thedefendant at the time of the commission of the acts which gave rise to theforfeiture of the vehicle under this section; or
(ii) The petitioner is a bona fide purchaser for value of anyright, title or interest in the vehicle and was at the time of purchasereasonably without cause to believe that the property was subject to forfeitureunder this section.
(7) Following the court's disposition of all petitions filedunder this section, or if no suchpetitions are filed, following the expirationof the period provided in this section for the filing of the petitions, thestate shall have clear title to the vehicle that is the subject of the order offorfeiture and shall transfer good and sufficient title to any subsequentpurchaser, transferee, or fund as provided in this chapter.
(8) Except as provided in this section, no party claiming aninterest in the vehicle subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of the property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest.
(g) In order to facilitate the identification or location ofthe vehicle declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section after the entry of an order declaring a vehicleforfeited to the state, the court may, upon application of the attorneygeneral, order that the testimony of any witness relating to the forfeitedvehicle be taken by deposition and that any designated book, paper, document,record, recording (electronic or otherwise), or other material not privileged,be produced at the same time and place, in the same manner as provided for thetaking of depositions under the Rules of Civil Procedure.
(h) If the vehicle described in § 31-27-4.1: (1) cannotbe located; (2) has been transferred to, sold to or deposited with a thirdparty; (3) has been placed beyond the jurisdiction of the court; (4) has beensubstantially diminished in value by any act or omission of the defendant; thecourt shall order the forfeiture of any other property of the defendant up tothe value of the subject property.
(i) The court shall have jurisdiction to enter orders asprovided in this section without regard to the location of any property thatmay be subject to forfeiture under this section or that has been orderedforfeited under this section.
§ 31-27-4.4 Motor vehicle forfeitureprocedure. – (a) Any criminal complaint, information, or indictment charging a violation of§ 31-27-4.1 shall set forth with reasonable particularity the motorvehicle that the attorney general seeks to forfeit pursuant to this section.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject vehicle to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of the vehiclesubject to forfeiture described in § 31-27-4.3, whether prior orsubsequent to the filing of a complaint, indictment, or information.
(2) Written notice and an opportunity for a hearing shall beafforded to persons appearing to have an interest in the vehicle, the hearing,however, to be limited to the issues of whether:
(i) There is a substantial probability that the state willprevail on the issue of forfeiture and that failure to enter the order willresult in the vehicle being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, depreciated in value orotherwise made unavailable for forfeiture; and
(ii) The need to preserve the availability of the vehiclethrough the entry of the requested order outweighs the hardship on any partyagainst whom the order is to be entered.
(c) A temporary restraining order under this section may beentered upon application of the attorney general without notice or opportunityfor a hearing when a complaint, information, or indictment has not yet beenfiled with respect to the vehicle if the attorney general demonstrates thatthere is probable cause to believe that the vehicle with respect to which theorder is sought would, in the event of conviction, be subject to forfeitureunder § 31-27-4.3 and that provision of notice will jeopardize theavailability of the vehicle for forfeiture. The temporary restraining ordershall expire within ten (10) days of the date on which it is entered unlessextended for good cause shown or unless the party against whom it is enteredconsents 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 the covered offense, thecourt may enter a judgment of forfeiture of the vehicle described in §31-27-4.1 to the state and may also authorize the attorney general to seize themotor vehicle ordered forfeited upon any terms and conditions that the courtshall deem proper. Following the entry of an order declaring the vehicleforfeited, the court may, upon application of the attorney general:
(1) Enter appropriate restraining orders or injunctions;
(2) Require the execution of satisfactory performance bonds,appoint receivers, conservators, appraisers, accountants, or trustees; or
(3) Take any other action to protect the interest of thestate in the property ordered forfeited.
(e) All right, title, and interest in the vehicle describedin § 31-27-4.1 vests in the state upon the commission of the act givingrise to forfeiture under this chapter. Any such vehicle that is subsequentlytransferred to any person may be the subject of a special verdict of forfeitureand shall be ordered forfeited to the state, unless the transferee establishesin a hearing pursuant to subsection (f) of this section that he or she is abona fide purchaser for value of the vehicle who at the time of purchase wasreasonably without cause to believe that the vehicle was subject to forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture shall be as follows:
(1) Following the entry of an order of forfeiture under thissection, the state shall publish notice of the order and of its intent todispose of the vehicle once per week for at least three (3) weeks in any mannerthat the attorney general may provide by regulation. The attorney general shallalso, to the extent practicable, provide written notice to all parties known tohave an interest in the vehicle and all parties whose identity is reasonablysubject to discovery and who may have an interest in the forfeited vehicle.
(2) Any person, other than the defendant, asserting anyinterest in the vehicle that has been ordered forfeited to the state pursuantto this section may, within one hundred eighty (180) days of the finalpublication of notice or his or her receipt of notice under subdivision (1) ofthis subsection, whichever is earlier, petition the court for a hearing toadjudicate the validity of his or her alleged interest in the vehicle.
(3) The petition shall be signed by the petitioner underpenalty of perjury and shall set forth the nature and extent of thepetitioner's right, title, or interest in the vehicle; any additional factssupporting the petitioner's claim; and the relief sought.
(4) The hearing on the petition shall, to the extentpracticable and consistent with the interest of justice, be held within thirty(30) days of the filing of the petition. The court may consolidate the hearingon the petition with a hearing on any other petition filed by a person otherthan the defendant and concerning the same vehicle.
(5) At a hearing, the petitioner may testify and presentevidence and witnesses on his or her own behalf, and cross-examine witnesseswho appear at the hearing. The state may present evidence and witnesses inrebuttal and in defense of its claim to the vehicle and cross-examine witnesseswho appear at the hearing. In addition to testimony and evidence presented atthe hearing, the court shall consider the relevant portions of the record ofthe criminal case that resulted in the order of forfeiture.
(6) In accordance with its findings at the hearing, the courtshall amend the order of forfeiture if it determines that the petitioner hasestablished by a preponderance of the evidence that:
(i) The petitioner has a right, title, or interest in thevehicle, and the right, title or interest was vested in the petitioner ratherthan the defendant or was superior to any right, title, or interest of thedefendant at the time of the commission of the acts which gave rise to theforfeiture of the vehicle under this section; or
(ii) The petitioner is a bona fide purchaser for value of anyright, title or interest in the vehicle and was at the time of purchasereasonably without cause to believe that the property was subject to forfeitureunder this section.
(7) Following the court's disposition of all petitions filedunder this section, or if no suchpetitions are filed, following the expirationof the period provided in this section for the filing of the petitions, thestate shall have clear title to the vehicle that is the subject of the order offorfeiture and shall transfer good and sufficient title to any subsequentpurchaser, transferee, or fund as provided in this chapter.
(8) Except as provided in this section, no party claiming aninterest in the vehicle subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of the property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest.
(g) In order to facilitate the identification or location ofthe vehicle declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section after the entry of an order declaring a vehicleforfeited to the state, the court may, upon application of the attorneygeneral, order that the testimony of any witness relating to the forfeitedvehicle be taken by deposition and that any designated book, paper, document,record, recording (electronic or otherwise), or other material not privileged,be produced at the same time and place, in the same manner as provided for thetaking of depositions under the Rules of Civil Procedure.
(h) If the vehicle described in § 31-27-4.1: (1) cannotbe located; (2) has been transferred to, sold to or deposited with a thirdparty; (3) has been placed beyond the jurisdiction of the court; (4) has beensubstantially diminished in value by any act or omission of the defendant; thecourt shall order the forfeiture of any other property of the defendant up tothe value of the subject property.
(i) The court shall have jurisdiction to enter orders asprovided in this section without regard to the location of any property thatmay be subject to forfeiture under this section or that has been orderedforfeited under this section.
§ 31-27-4.4 Motor vehicle forfeitureprocedure. – (a) Any criminal complaint, information, or indictment charging a violation of§ 31-27-4.1 shall set forth with reasonable particularity the motorvehicle that the attorney general seeks to forfeit pursuant to this section.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject vehicle to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of the vehiclesubject to forfeiture described in § 31-27-4.3, whether prior orsubsequent to the filing of a complaint, indictment, or information.
(2) Written notice and an opportunity for a hearing shall beafforded to persons appearing to have an interest in the vehicle, the hearing,however, to be limited to the issues of whether:
(i) There is a substantial probability that the state willprevail on the issue of forfeiture and that failure to enter the order willresult in the vehicle being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, depreciated in value orotherwise made unavailable for forfeiture; and
(ii) The need to preserve the availability of the vehiclethrough the entry of the requested order outweighs the hardship on any partyagainst whom the order is to be entered.
(c) A temporary restraining order under this section may beentered upon application of the attorney general without notice or opportunityfor a hearing when a complaint, information, or indictment has not yet beenfiled with respect to the vehicle if the attorney general demonstrates thatthere is probable cause to believe that the vehicle with respect to which theorder is sought would, in the event of conviction, be subject to forfeitureunder § 31-27-4.3 and that provision of notice will jeopardize theavailability of the vehicle for forfeiture. The temporary restraining ordershall expire within ten (10) days of the date on which it is entered unlessextended for good cause shown or unless the party against whom it is enteredconsents 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 the covered offense, thecourt may enter a judgment of forfeiture of the vehicle described in §31-27-4.1 to the state and may also authorize the attorney general to seize themotor vehicle ordered forfeited upon any terms and conditions that the courtshall deem proper. Following the entry of an order declaring the vehicleforfeited, the court may, upon application of the attorney general:
(1) Enter appropriate restraining orders or injunctions;
(2) Require the execution of satisfactory performance bonds,appoint receivers, conservators, appraisers, accountants, or trustees; or
(3) Take any other action to protect the interest of thestate in the property ordered forfeited.
(e) All right, title, and interest in the vehicle describedin § 31-27-4.1 vests in the state upon the commission of the act givingrise to forfeiture under this chapter. Any such vehicle that is subsequentlytransferred to any person may be the subject of a special verdict of forfeitureand shall be ordered forfeited to the state, unless the transferee establishesin a hearing pursuant to subsection (f) of this section that he or she is abona fide purchaser for value of the vehicle who at the time of purchase wasreasonably without cause to believe that the vehicle was subject to forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture shall be as follows:
(1) Following the entry of an order of forfeiture under thissection, the state shall publish notice of the order and of its intent todispose of the vehicle once per week for at least three (3) weeks in any mannerthat the attorney general may provide by regulation. The attorney general shallalso, to the extent practicable, provide written notice to all parties known tohave an interest in the vehicle and all parties whose identity is reasonablysubject to discovery and who may have an interest in the forfeited vehicle.
(2) Any person, other than the defendant, asserting anyinterest in the vehicle that has been ordered forfeited to the state pursuantto this section may, within one hundred eighty (180) days of the finalpublication of notice or his or her receipt of notice under subdivision (1) ofthis subsection, whichever is earlier, petition the court for a hearing toadjudicate the validity of his or her alleged interest in the vehicle.
(3) The petition shall be signed by the petitioner underpenalty of perjury and shall set forth the nature and extent of thepetitioner's right, title, or interest in the vehicle; any additional factssupporting the petitioner's claim; and the relief sought.
(4) The hearing on the petition shall, to the extentpracticable and consistent with the interest of justice, be held within thirty(30) days of the filing of the petition. The court may consolidate the hearingon the petition with a hearing on any other petition filed by a person otherthan the defendant and concerning the same vehicle.
(5) At a hearing, the petitioner may testify and presentevidence and witnesses on his or her own behalf, and cross-examine witnesseswho appear at the hearing. The state may present evidence and witnesses inrebuttal and in defense of its claim to the vehicle and cross-examine witnesseswho appear at the hearing. In addition to testimony and evidence presented atthe hearing, the court shall consider the relevant portions of the record ofthe criminal case that resulted in the order of forfeiture.
(6) In accordance with its findings at the hearing, the courtshall amend the order of forfeiture if it determines that the petitioner hasestablished by a preponderance of the evidence that:
(i) The petitioner has a right, title, or interest in thevehicle, and the right, title or interest was vested in the petitioner ratherthan the defendant or was superior to any right, title, or interest of thedefendant at the time of the commission of the acts which gave rise to theforfeiture of the vehicle under this section; or
(ii) The petitioner is a bona fide purchaser for value of anyright, title or interest in the vehicle and was at the time of purchasereasonably without cause to believe that the property was subject to forfeitureunder this section.
(7) Following the court's disposition of all petitions filedunder this section, or if no suchpetitions are filed, following the expirationof the period provided in this section for the filing of the petitions, thestate shall have clear title to the vehicle that is the subject of the order offorfeiture and shall transfer good and sufficient title to any subsequentpurchaser, transferee, or fund as provided in this chapter.
(8) Except as provided in this section, no party claiming aninterest in the vehicle subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of the property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest.
(g) In order to facilitate the identification or location ofthe vehicle declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section after the entry of an order declaring a vehicleforfeited to the state, the court may, upon application of the attorneygeneral, order that the testimony of any witness relating to the forfeitedvehicle be taken by deposition and that any designated book, paper, document,record, recording (electronic or otherwise), or other material not privileged,be produced at the same time and place, in the same manner as provided for thetaking of depositions under the Rules of Civil Procedure.
(h) If the vehicle described in § 31-27-4.1: (1) cannotbe located; (2) has been transferred to, sold to or deposited with a thirdparty; (3) has been placed beyond the jurisdiction of the court; (4) has beensubstantially diminished in value by any act or omission of the defendant; thecourt shall order the forfeiture of any other property of the defendant up tothe value of the subject property.
(i) The court shall have jurisdiction to enter orders asprovided in this section without regard to the location of any property thatmay be subject to forfeiture under this section or that has been orderedforfeited under this section.
