Section 23A-49-20 – Attorney general’s disposition of forfeited property.
23A-49-20. Attorney general’s disposition of forfeited property. If property is forfeited under this chapter, the attorney general may: (1)Retain the property for official use; (2)Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of […]
Section 23A-49-21 – Seized property–Written report–Contents.
23A-49-21. Seized property–Written report–Contents. For any property seized or forfeited under this chapter, a law enforcement agency shall issue a report to the attorney general within a time specified and in a form prescribed by the attorney general, containing information about the property seized or forfeited as listed in §23A-49-22 and in rule promulgated by […]
Section 23A-49-22 – Seized property–Searchable website or spreadsheet.
23A-49-22. Seized property–Searchable website or spreadsheet. The attorney general shall establish and maintain a searchable public website or electronic spreadsheet that includes the following information about each property seized and forfeited: (1)Name of the law enforcement agency that seized the property or, if seized by a multijurisdictional state task force, the name of the lead […]
Section 23A-49-23 – Seized property–Information to be public.
23A-49-23. Seized property–Information to be public. The attorney general, no more than 120 days after the close of the fiscal year, shall post on a searchable public website a report containing an itemized list of each property seized and forfeited for the preceding fiscal year as provided in §23A-49-22. The attorney general shall include in […]
Section 23A-49-24 – Seized property–Fees and costs recouped.
23A-49-24. Seized property–Fees and costs recouped. The attorney general may use forfeiture proceeds to pay the costs of compiling and reporting data under §§23A-49-21 to 23A-49-25, inclusive. Source: SL 2022, ch 76, §4.
Section 23A-49-25 – Seized property–Promulgation of rules.
23A-49-25. Seized property–Promulgation of rules. The attorney general shall promulgate rules, in accordance with chapter 1-26 establishing: (1)The form for law enforcement agencies to file a report with the attorney general; (2)The deadline by which law enforcement must report under §23A-49-21; (3)Procedures necessary to facilitate the reporting provisions under this Act; and (4)Any information required […]
Section 23A-49-19 – Trial–Disposition of property by court.
23A-49-19. Trial–Disposition of property by court. If a verified answer is filed, the forfeiture proceedings shall be set for a trial on a day not more than one hundred eighty days from the date of the filing. Any party may demand a trial by jury for the forfeiture proceedings pursuant to §15-6-38(b). At the trial, […]
Section 23A-49-9 – Time for instituting proceedings.
23A-49-9. Time for instituting proceedings. If a seizure pursuant to §23A-49-7 or subdivisions 23A-49-8(1), (3), or (4) occurs, the attorney general shall institute, within sixty days of the seizure, the proceedings pursuant to §23A-49-14 or 23A-49-15. Source: SL 2016, ch 138, §9.
Section 23A-49-10 – Seized property subject only to order of court or official.
23A-49-10. Seized property subject only to order of court or official. No property taken or detained pursuant to this chapter is replevinable or subject to an action in claim and delivery. However, the property is deemed to be in the custody of the attorney general, subject only to the orders and decrees of the court […]
Section 23A-49-11 – Attorney general action with respect to seized property.
23A-49-11. Attorney general action with respect to seized property. If property is seized under the provisions of this chapter, the attorney general may: (1)Place the property under seal; (2)Remove the property to a place designated by the attorney general; or (3)Take custody of the property and remove it to an appropriate location for disposition in […]