37-2801. PROPERTY SUBJECT TO CRIMINAL FORFEITURE. Any person who is found guilty of, who enters a plea of guilty, or who is convicted of a violation of the uniform controlled substances act, chapter 27, title 37, Idaho Code, punishable by imprisonment for more than one (1) year, no matter the form of the judgment or […]
37-2802. PROPERTY SUBJECT TO FORFEITURE. "Property" subject to criminal forfeiture under this chapter includes: (1) Real property, including things growing on, affixed to, or found on the land; and (2) Tangible and intangible personal property, including rights, privileges, interests, claims and securities. History: [37-2802, added 1996, ch. 230, sec. 1, p. 750.]
37-2803. INVENTORY. Any peace officer of this state seizing property subject to forfeiture under the provisions of this chapter shall cause a written inventory to be made and maintain custody of the same until all legal actions have been exhausted. A copy of the inventory shall be sent, within five (5) days of the seizure, […]
37-2804. FORFEITURE REQUEST — REBUTTABLE PRESUMPTION. Property subject to criminal forfeiture under this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 37-2801, Idaho Code. The attorney general or appropriate prosecuting […]
37-2805. PRESERVATION OF PROPERTY — WARRANT OF SEIZURE — PROTECTIVE ORDERS. (1) Upon application of the state of Idaho, the court may enter a restraining order or injunction, require the execution of a satisfactory performance bond, or take any other action to preserve the availability of property described in section 37-2801, Idaho Code, for forfeiture […]
37-2806. INSTITUTION OF PROCEEDINGS — THIRD PARTIES. Upon the filing of a part II forfeiture request pursuant to section 37-2804, Idaho Code, or in the event of seizure pursuant to a warrant of seizure, or upon entry of an order of forfeiture pursuant to section 37-2801, Idaho Code, the attorney general or appropriate prosecuting attorney […]
37-2807. PERSONAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Within five (5) days of any of the events specified in section 37-2806, Idaho Code, notice, including a copy of the request for forfeiture, shall be given to each co-owner or party in interest who has or claims any right, title or interest in any of […]
37-2808. REAL PROPERTY — RIGHTS OF THIRD PARTIES. (1) Real property subject to forfeiture under the provisions of this chapter may be seized by the attorney general or appropriate prosecuting attorney upon determining that a parcel of property is subject to forfeiture, by filing a notice of seizure with the recorder of the county in […]
37-2809. PROPORTIONALITY. In issuing any order under the provisions of this chapter, the court shall make a determination that the property, or a portion thereof in the case of real property, was actually used in violation of the provisions of this chapter. The size of the property forfeited shall not be unfairly disproportionate to the […]
37-2810. AUTHORITY OF THE ATTORNEY GENERAL. With respect to property ordered forfeited under this chapter, the attorney general or appropriate prosecuting attorney is authorized to: (1) Restore forfeited property to victims of a violation of this chapter, or take any other action to protect the rights of innocent persons which is in the interest of […]
37-2811. BAR ON INTERVENTION. Except as provided in sections 37-2807 and 37-2808, Idaho Code, no party claiming an interest in property subject to forfeiture under this section may: (1) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property under this chapter; or (2) Commence an action at law […]
37-2812. JURISDICTION — DEPOSITIONS. The district courts of the state of Idaho shall have jurisdiction over: (1) Property for which forfeiture is sought that is within the state at the time the action is filed; or (2) The interest of a co-owner or interest holder in the property if the co-owner or interest holder is […]
37-2813. DISPOSITION OF PROPERTY. On the motion of a party and after notice to any persons who are known to have an interest in the property and an opportunity to be heard, the court may order property that has been seized for forfeiture sold, leased, rented or operated to satisfy an interest of any interest […]
37-2814. FORFEITURE OF SUBSTITUTE PROPERTY. If any of the property described in section 37-2801, Idaho Code, as a result of any act or omission of the defendant: (1) Cannot be located upon the exercise of due diligence; (2) Has been transferred or sold to, or deposited with, a third party; (3) Has been placed beyond […]
37-2815. CONSTRUCTION. The provisions of this section shall be liberally construed to effectuate its remedial purposes. History: [37-2815, added 1996, ch. 230, sec. 1, p. 757.]
