§ 7-15-3.1 Criminal forfeiture procedures.– (a) The attorney general shall set forth with reasonable particularity theproperty that the attorney general seeks to forfeit pursuant to this chapter.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject property to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of propertysubject to forfeiture described in this section, whether prior or subsequent tothe filing of a complaint, indictment, or information. An order entered priorto the filing of a complaint, indictment, or information is effective for notmore than ninety (90) days, unless extended by the court for good cause shownfor not more than an additional ninety (90) days, or unless a complaint,indictment, or information has been filed during the period.
(c) Written notice and an opportunity for a hearing prior toany action by the court shall be afforded to persons appearing to have aninterest in the property The hearing, however, is to be limited to the issuesof whether:
(1) Based on the preponderance of the evidence that the statewill prevail on the issue of forfeiture and that failure to enter the orderwill result in the property being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, or otherwise madeunavailable for forfeiture; 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.
(d) A temporary restraining order under this section withrespect to the property may be entered upon application of the attorney generalwithout notice or opportunity for a hearing when a complaint, information, orindictment has not yet been filed, if the attorney general demonstrates thatthere is probable cause to believe that the property as to which the order issought would, in the event of conviction, be subject to forfeiture under thissection and that provision of notice will jeopardize the availability of theproperty for forfeiture. The temporary restraining order expires within ten(10) days of the date on which it is entered, unless extended for good causeshown for not more than an additional ten (10) days, or unless the partyagainst whom it is entered consents to an extension for a longer period.
(1) 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.
(2) The court may receive and consider, at a hearing heldpursuant to this subsection, evidence and information that would be admissibleunder the rules of evidence.
(e) Upon conviction of a person for a violation of thischapter, the court shall enter a judgment of forfeiture to the state of theproperty described and shall also authorize the attorney general to seize allproperty ordered forfeited upon any terms and conditions that the court deemsproper. Following the entry of an order declaring the property forfeited, thecourt may, upon application of the attorney general, enter appropriaterestraining orders or injunctions; require the execution of satisfactoryperformance bonds, appoint receivers, conservators, appraisers, accountants, ortrustees; or take any other action to protect the interest of the state in theproperty ordered forfeited. Any income accruing to, or derived from, anenterprise or an interest in an enterprise that has been ordered forfeitedunder this section may be used to offset ordinary and necessary expenses of theenterprise as required by law and expenses that are necessary to protect theinterests of the state or innocent third parties.
(2) All right, title, and interest in property described inthis section vests in the state upon the commission of the act giving rise toforfeiture under this act. Any property that is subsequently transferred to anyperson may be the subject of a special verdict of forfeiture and subsequentlyshall be ordered forfeited to the state, unless the transferee establishes in ahearing pursuant to subsection (f) that he or she is a bona fide purchaser forvalue of the property who at the time of purchase was reasonably without causeto believe that the property was subject for forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture are 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 property for at least seven (7) successive court days in anymanner that the court orders. The state shall also, to the extent practicable,provide written notice to all parties known to have an interest in the propertyand all parties whose identity is reasonably subject to discovery and who mayhave an interest in the forfeited property.
(2) Any person, other than the defendant, asserting aninterest in property that has been ordered forfeited to the state pursuant tothis section may, within one hundred and eighty (180) days of the finalpublication of notice or his or her receipt of notice as stated in thissection, whichever is earlier, petition the court for a hearing to adjudicatethe validity of his or her alleged interest in the property. The hearing shallbe held by the court without a jury.
(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 property; the time andcircumstances of the petitioner's acquisition of the right, title, or interestin the property; any additional facts supporting the petitioner's claim; andthe 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 property.
(5) At the 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 property and cross examinewitnesses who appear at the hearing. In addition to testimony and evidencepresented at the hearing, the court shall consider the relevant portions of therecord of the 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 the petitioner:
(i) Has a right, title, or interest in the property, and theright, title, or interest was vested in the petitioner rather than thedefendant or was superior to any right, title, or interest of the defendant atthe time of the commission of the acts which gave rise to the forfeiture of theproperty under this section;
(ii) Is a bona fide purchaser for value of any right, title,or interest in the property and was at the time of purchase reasonably withoutcause to believe that the property was subject to forfeiture under thischapter; or
(iii) Was a victim of the violation of this chapter and isentitled to compensation pursuant to §§ 7-15-4(c), in which case thecourt shall order the escrow of a sufficient amount to satisfy any judgmentwhich may be obtained in an action brought pursuant to that section.
(7) Following the court's disposition of all petitions filedunder this section, or if no petitions are filed, following the expiration ofthe period provided in this section for the filing of petitions, the state hasclear title to property that is the subject of the order of forfeiture and isable to transfer good and sufficient title to any subsequent purchaser,transferee, or fund as provided in this section.
(8) Except as provided in this section, no party claiming aninterest in property subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest in the property subsequent to the filing of acomplaint, information, or indictment alleging that the property is subject toforfeiture.
(g) In order to facilitate the identification or location ofproperty declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section, after the entry of an order declaring propertyforfeiture to the state, the court may, upon application of the attorneygeneral or the petitioner, order that the testimony of any witness relating tothe property forfeited be taken by deposition and that any designated book,paper, document, record, recording (electronic or otherwise), or other materialnot privileged, be produced at the same time and place and in the same manneras provided for the taking of depositions under the rules of civil procedure.
(h) If any of the property described in this section:
(1) Cannot be located;
(2) Has been transferred to, sold to, or deposited with athird party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value by any act oromission of the defendant; or
(5) Has been commingled with other property which cannot bedivided without difficulty;
the court shall order the forfeiture of any other property ofthe defendant up to the value of the subject property.
(i) The court has jurisdiction to enter orders as provided inthis section regarding property located within this state that may be subjectto forfeiture under this chapter or that has been ordered forfeited under thischapter.
§ 7-15-3.1 Criminal forfeiture procedures.– (a) The attorney general shall set forth with reasonable particularity theproperty that the attorney general seeks to forfeit pursuant to this chapter.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject property to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of propertysubject to forfeiture described in this section, whether prior or subsequent tothe filing of a complaint, indictment, or information. An order entered priorto the filing of a complaint, indictment, or information is effective for notmore than ninety (90) days, unless extended by the court for good cause shownfor not more than an additional ninety (90) days, or unless a complaint,indictment, or information has been filed during the period.
(c) Written notice and an opportunity for a hearing prior toany action by the court shall be afforded to persons appearing to have aninterest in the property The hearing, however, is to be limited to the issuesof whether:
(1) Based on the preponderance of the evidence that the statewill prevail on the issue of forfeiture and that failure to enter the orderwill result in the property being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, or otherwise madeunavailable for forfeiture; 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.
(d) A temporary restraining order under this section withrespect to the property may be entered upon application of the attorney generalwithout notice or opportunity for a hearing when a complaint, information, orindictment has not yet been filed, if the attorney general demonstrates thatthere is probable cause to believe that the property as to which the order issought would, in the event of conviction, be subject to forfeiture under thissection and that provision of notice will jeopardize the availability of theproperty for forfeiture. The temporary restraining order expires within ten(10) days of the date on which it is entered, unless extended for good causeshown for not more than an additional ten (10) days, or unless the partyagainst whom it is entered consents to an extension for a longer period.
(1) 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.
(2) The court may receive and consider, at a hearing heldpursuant to this subsection, evidence and information that would be admissibleunder the rules of evidence.
(e) Upon conviction of a person for a violation of thischapter, the court shall enter a judgment of forfeiture to the state of theproperty described and shall also authorize the attorney general to seize allproperty ordered forfeited upon any terms and conditions that the court deemsproper. Following the entry of an order declaring the property forfeited, thecourt may, upon application of the attorney general, enter appropriaterestraining orders or injunctions; require the execution of satisfactoryperformance bonds, appoint receivers, conservators, appraisers, accountants, ortrustees; or take any other action to protect the interest of the state in theproperty ordered forfeited. Any income accruing to, or derived from, anenterprise or an interest in an enterprise that has been ordered forfeitedunder this section may be used to offset ordinary and necessary expenses of theenterprise as required by law and expenses that are necessary to protect theinterests of the state or innocent third parties.
(2) All right, title, and interest in property described inthis section vests in the state upon the commission of the act giving rise toforfeiture under this act. Any property that is subsequently transferred to anyperson may be the subject of a special verdict of forfeiture and subsequentlyshall be ordered forfeited to the state, unless the transferee establishes in ahearing pursuant to subsection (f) that he or she is a bona fide purchaser forvalue of the property who at the time of purchase was reasonably without causeto believe that the property was subject for forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture are 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 property for at least seven (7) successive court days in anymanner that the court orders. The state shall also, to the extent practicable,provide written notice to all parties known to have an interest in the propertyand all parties whose identity is reasonably subject to discovery and who mayhave an interest in the forfeited property.
(2) Any person, other than the defendant, asserting aninterest in property that has been ordered forfeited to the state pursuant tothis section may, within one hundred and eighty (180) days of the finalpublication of notice or his or her receipt of notice as stated in thissection, whichever is earlier, petition the court for a hearing to adjudicatethe validity of his or her alleged interest in the property. The hearing shallbe held by the court without a jury.
(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 property; the time andcircumstances of the petitioner's acquisition of the right, title, or interestin the property; any additional facts supporting the petitioner's claim; andthe 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 property.
(5) At the 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 property and cross examinewitnesses who appear at the hearing. In addition to testimony and evidencepresented at the hearing, the court shall consider the relevant portions of therecord of the 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 the petitioner:
(i) Has a right, title, or interest in the property, and theright, title, or interest was vested in the petitioner rather than thedefendant or was superior to any right, title, or interest of the defendant atthe time of the commission of the acts which gave rise to the forfeiture of theproperty under this section;
(ii) Is a bona fide purchaser for value of any right, title,or interest in the property and was at the time of purchase reasonably withoutcause to believe that the property was subject to forfeiture under thischapter; or
(iii) Was a victim of the violation of this chapter and isentitled to compensation pursuant to §§ 7-15-4(c), in which case thecourt shall order the escrow of a sufficient amount to satisfy any judgmentwhich may be obtained in an action brought pursuant to that section.
(7) Following the court's disposition of all petitions filedunder this section, or if no petitions are filed, following the expiration ofthe period provided in this section for the filing of petitions, the state hasclear title to property that is the subject of the order of forfeiture and isable to transfer good and sufficient title to any subsequent purchaser,transferee, or fund as provided in this section.
(8) Except as provided in this section, no party claiming aninterest in property subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest in the property subsequent to the filing of acomplaint, information, or indictment alleging that the property is subject toforfeiture.
(g) In order to facilitate the identification or location ofproperty declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section, after the entry of an order declaring propertyforfeiture to the state, the court may, upon application of the attorneygeneral or the petitioner, order that the testimony of any witness relating tothe property forfeited be taken by deposition and that any designated book,paper, document, record, recording (electronic or otherwise), or other materialnot privileged, be produced at the same time and place and in the same manneras provided for the taking of depositions under the rules of civil procedure.
(h) If any of the property described in this section:
(1) Cannot be located;
(2) Has been transferred to, sold to, or deposited with athird party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value by any act oromission of the defendant; or
(5) Has been commingled with other property which cannot bedivided without difficulty;
the court shall order the forfeiture of any other property ofthe defendant up to the value of the subject property.
(i) The court has jurisdiction to enter orders as provided inthis section regarding property located within this state that may be subjectto forfeiture under this chapter or that has been ordered forfeited under thischapter.
§ 7-15-3.1 Criminal forfeiture procedures.– (a) The attorney general shall set forth with reasonable particularity theproperty that the attorney general seeks to forfeit pursuant to this chapter.
(b) The court may, upon application of the attorney general,enter a restraining order or injunction, require any person claiming anyinterest in the subject property to execute a satisfactory performance bond tothe state, or take any other action to preserve the availability of propertysubject to forfeiture described in this section, whether prior or subsequent tothe filing of a complaint, indictment, or information. An order entered priorto the filing of a complaint, indictment, or information is effective for notmore than ninety (90) days, unless extended by the court for good cause shownfor not more than an additional ninety (90) days, or unless a complaint,indictment, or information has been filed during the period.
(c) Written notice and an opportunity for a hearing prior toany action by the court shall be afforded to persons appearing to have aninterest in the property The hearing, however, is to be limited to the issuesof whether:
(1) Based on the preponderance of the evidence that the statewill prevail on the issue of forfeiture and that failure to enter the orderwill result in the property being destroyed, conveyed, encumbered or furtherencumbered, removed from the jurisdiction of the court, or otherwise madeunavailable for forfeiture; 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.
(d) A temporary restraining order under this section withrespect to the property may be entered upon application of the attorney generalwithout notice or opportunity for a hearing when a complaint, information, orindictment has not yet been filed, if the attorney general demonstrates thatthere is probable cause to believe that the property as to which the order issought would, in the event of conviction, be subject to forfeiture under thissection and that provision of notice will jeopardize the availability of theproperty for forfeiture. The temporary restraining order expires within ten(10) days of the date on which it is entered, unless extended for good causeshown for not more than an additional ten (10) days, or unless the partyagainst whom it is entered consents to an extension for a longer period.
(1) 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.
(2) The court may receive and consider, at a hearing heldpursuant to this subsection, evidence and information that would be admissibleunder the rules of evidence.
(e) Upon conviction of a person for a violation of thischapter, the court shall enter a judgment of forfeiture to the state of theproperty described and shall also authorize the attorney general to seize allproperty ordered forfeited upon any terms and conditions that the court deemsproper. Following the entry of an order declaring the property forfeited, thecourt may, upon application of the attorney general, enter appropriaterestraining orders or injunctions; require the execution of satisfactoryperformance bonds, appoint receivers, conservators, appraisers, accountants, ortrustees; or take any other action to protect the interest of the state in theproperty ordered forfeited. Any income accruing to, or derived from, anenterprise or an interest in an enterprise that has been ordered forfeitedunder this section may be used to offset ordinary and necessary expenses of theenterprise as required by law and expenses that are necessary to protect theinterests of the state or innocent third parties.
(2) All right, title, and interest in property described inthis section vests in the state upon the commission of the act giving rise toforfeiture under this act. Any property that is subsequently transferred to anyperson may be the subject of a special verdict of forfeiture and subsequentlyshall be ordered forfeited to the state, unless the transferee establishes in ahearing pursuant to subsection (f) that he or she is a bona fide purchaser forvalue of the property who at the time of purchase was reasonably without causeto believe that the property was subject for forfeiture.
(f) Procedures subsequent to the special verdict offorfeiture are 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 property for at least seven (7) successive court days in anymanner that the court orders. The state shall also, to the extent practicable,provide written notice to all parties known to have an interest in the propertyand all parties whose identity is reasonably subject to discovery and who mayhave an interest in the forfeited property.
(2) Any person, other than the defendant, asserting aninterest in property that has been ordered forfeited to the state pursuant tothis section may, within one hundred and eighty (180) days of the finalpublication of notice or his or her receipt of notice as stated in thissection, whichever is earlier, petition the court for a hearing to adjudicatethe validity of his or her alleged interest in the property. The hearing shallbe held by the court without a jury.
(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 property; the time andcircumstances of the petitioner's acquisition of the right, title, or interestin the property; any additional facts supporting the petitioner's claim; andthe 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 property.
(5) At the 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 property and cross examinewitnesses who appear at the hearing. In addition to testimony and evidencepresented at the hearing, the court shall consider the relevant portions of therecord of the 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 the petitioner:
(i) Has a right, title, or interest in the property, and theright, title, or interest was vested in the petitioner rather than thedefendant or was superior to any right, title, or interest of the defendant atthe time of the commission of the acts which gave rise to the forfeiture of theproperty under this section;
(ii) Is a bona fide purchaser for value of any right, title,or interest in the property and was at the time of purchase reasonably withoutcause to believe that the property was subject to forfeiture under thischapter; or
(iii) Was a victim of the violation of this chapter and isentitled to compensation pursuant to §§ 7-15-4(c), in which case thecourt shall order the escrow of a sufficient amount to satisfy any judgmentwhich may be obtained in an action brought pursuant to that section.
(7) Following the court's disposition of all petitions filedunder this section, or if no petitions are filed, following the expiration ofthe period provided in this section for the filing of petitions, the state hasclear title to property that is the subject of the order of forfeiture and isable to transfer good and sufficient title to any subsequent purchaser,transferee, or fund as provided in this section.
(8) Except as provided in this section, no party claiming aninterest in property subject to forfeiture under this section may:
(i) Intervene in a trial or appeal of a criminal caseinvolving the forfeiture of property; or
(ii) Commence any action against the state concerning thevalidity of the alleged interest in the property subsequent to the filing of acomplaint, information, or indictment alleging that the property is subject toforfeiture.
(g) In order to facilitate the identification or location ofproperty declared forfeited and to facilitate the disposition of petitionsfiled pursuant to this section, after the entry of an order declaring propertyforfeiture to the state, the court may, upon application of the attorneygeneral or the petitioner, order that the testimony of any witness relating tothe property forfeited be taken by deposition and that any designated book,paper, document, record, recording (electronic or otherwise), or other materialnot privileged, be produced at the same time and place and in the same manneras provided for the taking of depositions under the rules of civil procedure.
(h) If any of the property described in this section:
(1) Cannot be located;
(2) Has been transferred to, sold to, or deposited with athird party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value by any act oromission of the defendant; or
(5) Has been commingled with other property which cannot bedivided without difficulty;
the court shall order the forfeiture of any other property ofthe defendant up to the value of the subject property.
(i) The court has jurisdiction to enter orders as provided inthis section regarding property located within this state that may be subjectto forfeiture under this chapter or that has been ordered forfeited under thischapter.
