Section 23A-49-16 – Service of process by mail where person released on bail.
23A-49-16. Service of process by mail where person released on bail. If a person as described in §§23A-49-14 and 23A-49-15 is released on bail as provided by chapter 23A-43, a summons and complaint for forfeiture of the property may be served by mailing the summons and complaint by certified mail, no return receipt required, to […]
Section 23A-49-1 – Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A.
23A-49-1. Real property subject to forfeiture for crime listed in chapter 34-20B or 22-24A. All real property, including any right, title, and interest in the whole of any platted lot or tract of land which is measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which […]
Section 23A-49-2 – Conveyance used in common carrier business not subject to forfeiture–Exception.
23A-49-2. Conveyance used in common carrier business not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance used by any person as a common carrier in the transaction of business as a common carrier may be forfeited under the provisions of this chapter, unless it appears that the owner or other […]
Section 23A-49-3 – Stolen and leased conveyances not subject to forfeiture–Exception.
23A-49-3. Stolen and leased conveyances not subject to forfeiture–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act or omission established by the owner of the conveyance to have been committed or omitted by any person other than the owner […]
Section 23A-49-4 – Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception.
23A-49-4. Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception. Notwithstanding the provisions of subdivision 34-20B-70(4) or 22-24A-15(4), no conveyance may be forfeited under the provisions of this chapter, by reason of any act committed or omitted by a person other than an owner of the conveyance unless the owner knew or in […]
Section 23A-49-5 – Item not subject to forfeiture for act or omission without owner’s knowledge or consent.
23A-49-5. Item not subject to forfeiture for act or omission without owner’s knowledge or consent. To the extent of the interest of an owner, a thing of value is not subject to forfeiture under this chapter by reason of any act or omission that is established by the owner of the item to have been […]
Section 23A-49-6 – Victim protected against forfeiture by victim immunity.
23A-49-6. Victim protected against forfeiture by victim immunity. Any victim of a crime as described in the provisions of §§22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 22-49-1 to 22-49-3, inclusive, and 43-43B-1 to 43-43B-3, inclusive, is protected against loss of property through forfeiture by victim immunity as described in §22-48-2. Source: SL 2016, ch 138, §6.
Section 23A-49-7 – Seizure of property by court process.
23A-49-7. Seizure of property by court process. Any property subject to forfeiture under this chapter may be seized by any law enforcement officer or designated agent of the Division of Criminal Investigation upon process issued by any court having jurisdiction over the property. Source: SL 2016, ch 138, §7.
Section 23A-49-8 – Seizure of property without court process.
23A-49-8. Seizure of property without court process. The seizure of any property subject to forfeiture under this chapter may be made without process issued under §23A-49-7 if: (1)The seizure is incident to an arrest or a search under a search warrant or to an inspection under an administrative inspection warrant; (2)The property subject to seizure […]
Section 23A-48-22 – Irrevocability of discharge credits–Sentencing court authority to modify probation.
23A-48-22. Irrevocability of discharge credits–Sentencing court authority to modify probation. Earned discharge credits are not revocable once awarded. However, nothing in §§23A-48-15 to 23A-48-22, inclusive, limits the sentencing court’s authority to modify the terms and conditions of probation. Source: SL 2014, ch 257 (Supreme Court Rule 13-15, §8), eff. Jan. 1, 2014.