LD 1354, Page 26 - 121th Legislature, FIRST REGULAR Session

property pursuant to this section or the entry of a guilty plea

in open court on the record, the State shall provide written

notice of its intent to dispose of the property to any person

known to have alleged an interest in the property.__The notice

may be by certified, return receipt mail or as otherwise ordered

by the court.__Receipt by a person then licensed to operate a

motor vehicle in the State is presumed when notice is mailed to

the last known address of that person on file with the

Department of the Secretary of State, Bureau of Motor Vehicles.__

A person other than the defendant asserting a legal interest in

the property within 30 days of the date of receipt of the notice

may petition the court for a hearing to adjudicate the validity

of any alleged interest in the property.__The hearing must be

held before the court without jury.__The request for the hearing

must be signed by the petitioner under penalty of perjury and

must state the nature and extent of the petitioner's right,

title or interest in the property, the time and circumstances of

the petitioner's acquisition of the right, title or interest in

the property, any additional facts supporting the petitioner's

claim and the relief sought.__Upon the filing of any petition

for hearing, the court shall schedule the hearing as soon as

practicable, but in no event later than 6 months after the

petition is filed or after the sentencing of any defendant

convicted upon the same indictment.__The court shall issue or

amend a final order of forfeiture in accordance with its

determination if, after the hearing, the court determines that

the petitioner has established by a preponderance of the

evidence that:

A.__The petitioner has a legal right, title or interest in
the property and the right, title or interest renders the
order of forfeiture invalid in whole or in part because
the right, title or interest was vested in the petitioner
rather than any defendant or was superior to any right,
title or interest to the exclusion of any defendant at the
time of the commission of the acts that gave rise to the
forfeiture of the property under this section; and

B.__The petitioner is a bona fide purchaser for value of
the right, title or interest in the property and was at
the time of purchase reasonably without cause to believe
that the property was subject to__forfeiture under this
section.

6. Title to property following forfeiture.__Following the
entry of a verdict of forfeiture of property pursuant to this
section or the entry of a guilty plea in open court on the
record, the State has clear title to property that is the
subject of the
indictment or information and order of forfeiture and may
order all or a portion of the property forfeited to the State
to be disposed of pursuant to section 395.

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