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-49-20 – 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-49-12 – Property subject to security interest–Action by attorney general.
23A-49-12. Property subject to security interest–Action by attorney general. Any property, as described in subdivisions 34-20B-70(4), (6), and (7) or 22-24A-15(4), (6), and (7), or §23A-49-1, that is subject to a bona fide perfected security interest at the time of seizure of the personal property, at the time the offense was committed, and is forfeited […]
Section 23A-49-13 – Civil action–Standard of proof.
23A-49-13. Civil action–Standard of proof. Any forfeiture proceeding is a civil action against the property seized and the standard of proof shall be preponderance of the evidence. Source: SL 2016, ch 138, §13.
Section 23A-49-14 – Procedure in forfeiture proceedings involving property other than real property or conveyances.
23A-49-14. Procedure in forfeiture proceedings involving property other than real property or conveyances. If property described in subdivisions 34-20B-70(2), (3), (5), (6), and (7) or 22-24A-15(2), (3), (5), (6), and (7) is seized, the attorney general shall file a summons and complaint for forfeiture of the property in circuit court for the county in which […]