§ 39-11-109. Prosecution Under More Than One Statute
39-11-411. Accessory after the fact. 39-11-609. Necessity. 39-11-620. Use of deadly force by a law enforcement officer.
§ 39-11-411. Accessory After the Fact
39-11-609. Necessity. 39-11-620. Use of deadly force by a law enforcement officer.
§ 39-11-609. Necessity
39-11-620. Use of deadly force by a law enforcement officer.
§ 39-11-701. Legislative Intent
The general assembly finds and declares that an effective means of deterring criminal acts committed for financial gain is through the forfeiture of profits and proceeds acquired and accumulated as a result of such criminal activities. It is the intent of the general assembly to provide the necessary tools to law enforcement agencies and district […]
§ 39-11-702. Part Definitions
As used in this part, unless the context otherwise requires: “Attorney general” means the district attorney general, and the district attorney general’s assistants; “Interest holder” means a secured party within the meaning of § 47-9-102(a), a mortgagee, lien creditor, one granted a possessory lien under law, or the beneficiary of a security interest or encumbrance […]
§ 39-11-703. Criminal Proceeds Subject to Forfeiture
Any property, real or personal, directly or indirectly acquired by or received in violation of any statute or as an inducement to violate any statute, or any property traceable to the proceeds from the violation, is subject to judicial forfeiture, and all right, title, and interest in any such property shall vest in the state […]
§ 39-11-704. Property Exempt From Forfeiture
No interest in any property described in § 39-11-703(a) shall be subject to forfeiture when one (1) of the following conditions is established: If the owner or interest holder acquired the property before the conduct alleged to give rise to its forfeiture; If the owner or interest holder acquired the property during or after the […]
§ 39-11-705. Jurisdiction and Venue
Jurisdiction in a civil forfeiture action under this part extends to the chancery and circuit courts of this state, and general sessions courts for personal property where the value of personal property subject to forfeiture does not exceed the jurisdictional limits of the court, over the following: All interests in property if the property for […]
§ 39-11-706. Evidence
In a forfeiture action under this part, pertaining to the issue of whether the property or proceeds were known to be from some form of criminal offense, either party may introduce evidence that: The property was involved in a financial transaction that was conducted or structured to evade the reporting requirements of any state or […]
§ 39-11-707. Procedure for Seizure of Property
Any property subject to forfeiture under this part may be seized by the attorney general, the attorney general’s agents, or any law enforcement officer, when acting pursuant to a lawful arrest or search, the execution of a search warrant, a petition to abate a nuisance, or a court order. When property is seized under this […]
§ 39-11-708. Procedure for Judicial Forfeiture of Property
If real or personal property is subject to forfeiture under this part, the attorney general may initiate an in rem forfeiture proceeding in the circuit, chancery, or general sessions court of the county where the property is located or where the conduct giving rise to forfeiture occurred. If the property is beyond the jurisdiction of […]
§ 39-11-709. Procedure for Return of Property Seized
Only an owner or interest holder may make a claim for return of property seized for forfeiture or otherwise contest the forfeiture under this part. In the event of a seizure for forfeiture under this part, the property shall not be subject to replevin, conveyance, or attachment, but is deemed to be in the custody […]
§ 39-11-710. Rights of Interest Holders and Owners
Nothing in this part shall limit or restrict the right of an interest holder in real property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust, or to take any other action permitted under its deed of trust as long as prior notice […]
§ 39-11-711. Protection of Seized Property
In the event there is probable cause to believe that any individual having a right to enter real property that is the subject of a forfeiture proceeding under this part is also engaged, or about to engage, in conduct that will result in the diminution of the value of the real property to the state, […]
§ 39-11-712. Sale of Forfeited Property
Whenever a judgment of forfeiture is rendered under this part, the court may authorize the attorney general to sell the property at public auction, subject to the orders and approval of the court. The court, in lieu of such sale, may order that the property be sold by any person having an interest in the […]
§ 39-11-713. Disposition of Forfeited Property
All property ordered forfeited shall be sold at public auction. The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this part. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court. Any such costs […]
§ 39-11-714. Assistance by Other Agencies
The attorney general may authorize any governmental department or agency of this state, any political subdivision of the state, or any other state or federal government to participate in the investigation into the conduct giving rise to forfeiture under this part. The grand jury may provide any records, documents, or evidence received by subpoena to […]
§ 39-11-715. Equity Powers of Court
Any criminal court or general sessions court may conduct such hearings and enter such orders, injunctions, restraining orders, prohibitions, or issue any extraordinary process for the purpose of ensuring that any defendant does not use any proceeds directly or indirectly derived from a criminal offense for the purpose of securing an appearance bond or to […]
§ 39-11-716. Immunities
The attorney general, the attorney general’s assistants and investigators shall not be civilly liable for any acts performed in furtherance of the purposes of this part.
§ 39-11-717. Supplement to Other Laws — Retroactive Application
This part does not supersede any other statute or law relating to forfeiture of property and may be used in conjunction with administrative forfeiture laws. This law pertaining to the forfeiture of property is remedial and shall be liberally construed to effect its purpose. This part shall apply retroactively to all proceeds acquired or received […]