60-4101. Citation of act. K.S.A. 60-4101 through 60-4126 and K.S.A. 2021 Supp. 60-4127, and amendments thereto, shall be known and may be cited as the Kansas standard asset seizure and forfeiture act. History: L. 1994, ch. 339, § 1; L. 2018, ch. 26, § 3; July 1.
60-4102. Definitions. As used in this act: (a) “Contraband” means any property the possession of which is illegal. (b) “Conveyance” includes any vehicle, trailer, vessel, aircraft or other means of transportation. (c) “Covered offense” means any crime set forth in K.S.A. 60-4104 or any other offense for which forfeiture is provided by the law relating […]
60-4103. Jurisdiction and venue. (a) The district court has jurisdiction under this act over: (1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or (2) the interest of an owner or interest holder in the property if the owner or […]
60-4104. Covered offenses and conduct giving rise to forfeiture. Conduct and offenses giving rise to forfeiture under this act, whether or not there is a prosecution or conviction related to the offense, are: (a) All offenses which statutorily and specifically authorize forfeiture; (b) violations involving controlled substances, as described in K.S.A. 2021 Supp. 21-5701 through […]
60-4105. Property subject to forfeiture. The following property is subject to forfeiture: (a) Property described in a statute authorizing forfeiture; (b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instruments and the whole of any lot or tract of land and any appurtenances or […]
60-4106. Exemptions. (a) All property, including all interests in property, described in K.S.A. 60-4105, and amendments thereto, is subject to forfeiture subject to all mortgages, deeds of trust, financing statements or security agreements properly of record prior to the forfeiture held by an interest holder except that property specifically exempted hereunder: (1) No real property […]
60-4107. Seizure of property. (a) Property may be seized for forfeiture by a law enforcement officer upon process issued by the district court. The court may issue a seizure warrant on an affidavit under oath demonstrating that probable cause exists for the property’s forfeiture or that the property has been the subject of a previous […]
60-4108. Same; management and preservation. (a) Property seized for forfeiture under this act is not subject to alienation, conveyance, sequestration, or attachment, nor is the property subject to a motion or order under K.S.A. 22-2512, and amendments thereto. The seizing agency may release the property if forfeiture or retention is unnecessary, may transfer the property […]
60-4109. Commencement of forfeiture proceedings. (a) Forfeiture proceedings shall be commenced by filing a notice of pending forfeiture or a judicial forfeiture action: (1) If the plaintiff’s attorney fails to initiate forfeiture proceedings by notice of pending forfeiture within 90 days against property seized for forfeiture or if the seizing agency fails to pursue forfeiture […]
60-4110. Recognition of exemption. (a) The plaintiff’s attorney shall make an opportunity to file a petition for recognition of exemption available in the following manner: (1) The plaintiff’s attorney shall acknowledge the opportunity to file a petition for recognition of exemption in the notice of pending forfeiture described in K.S.A. 60-4109(a), and amendments thereto. (2) […]
60-4111. Claims. (a) Only an owner of or interest holder in property seized for forfeiture may file a claim, and shall do so in the manner provided in this section. The claim shall be mailed to the seizing agency and to the plaintiff’s attorney by certified mail, return receipt requested, within 60 days after the […]
60-4112. Judicial proceedings, generally. (a) A judicial forfeiture proceeding under this act is subject to the provisions of this section. (b) The court, on application of the plaintiff’s attorney, may enter any restraining order or injunction, require the execution of satisfactory performance bonds, create receiverships, appoint conservators, custodians, appraisers, accountants or trustees, or take any […]
60-4113. In rem proceedings. (a) A judicial in rem forfeiture proceeding brought by the plaintiff’s attorney pursuant to a notice of pending forfeiture or verified petition for forfeiture is also subject to the provisions of this section. If a forfeiture is authorized by this act, it shall be ordered by the court in the in […]
60-4114. In personam proceedings. (a) (1) A judicial in personam forfeiture proceeding brought by the plaintiff’s attorney pursuant to an in personam civil action alleging conduct giving rise to forfeiture is also subject to the provisions of this section. If a forfeiture is authorized by this act, it shall be ordered by the court in […]
60-4115. Substituted assets and supplemental remedies. (a) The court shall order the forfeiture of any other property of an owner or in personam defendant, up to the value of that owner’s or defendant’s property found by the court to be subject to forfeiture under this act, if any of the owner’s or defendant’s forfeitable property: […]
60-4116. Judicial disposition of property. (a) If no proper claims are timely filed in an action in rem, or if no proper answer is timely filed in response to a complaint, the plaintiff’s attorney may apply for an order of forfeiture and allocation of forfeited property pursuant to K.S.A. 60-4117, and amendments thereto. Upon a […]
60-4117. Disposition of forfeited property; use of proceeds of sale; tracking and reporting of deposits and expenditures. Except as provided in K.S.A. 65-7014, and amendments thereto: (a) When property is forfeited under this act, the law enforcement agency may: (1) Retain such property for official use or transfer the custody or ownership to any local, […]
60-4118. Powers of enforcement personnel. (a) A county attorney, district attorney, the attorney general or such attorney’s designee may conduct an investigation of alleged conduct in violation of this act. Such attorney is authorized, before commencement of any civil proceeding or action under this act, to subpoena witnesses, compel such attendance, examine witnesses under oath, […]
60-4119. Immunity orders. (a) If a person is or may be called to produce evidence at a deposition, hearing or trial under this act or at an investigation brought by the attorney under K.S.A. 60-4118, and amendments thereto, the district court for the county in which the deposition, hearing, trial, or investigation is or may […]
60-4120. Statute of limitations. A civil action under this act shall be commenced within five years after the last conduct giving rise to forfeiture or the cause of action became known or should have become known, excluding any time during which either the property or defendant is out of the state or in confinement, or […]
