H.P. 1406 - L.D. 2011
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §5822, sub-§4, ¶A, as amended by PL 1991, c. 461, §2, is further amended to read:
A. To the extent that the court finds it appropriate and with the written consent of the Attorney General, the court may order forfeiture of as much of the property as is appropriate to a municipality, county or state agency, or to the district attorneys budget within the Department of the Attorney General, that has made a substantial contribution to the investigation or prosecution of a related criminal case, subject to the requirements of section 5824.
When property is forfeited and transferred to a municipality in accordance with section 5824, the legislative body municipal officers of the municipality shall determine the disposition of the property. When property is forfeited and transferred to a county in accordance with section 5824, the county commissioners shall determine the disposition of the property.
Sec. 2. 15 MRSA §5824, sub-§§1 and 3, as enacted by PL 1987, c. 420, §2, are amended to read:
1. State; agency or department. In the case of an agency or department of the State, the Governor or the Attorney General;
3. Municipality; agency or department. In the case of an agency or department of a municipality, the legislative body municipal officers of the municipality.
Sec. 3. 15 MRSA §5826, sub-§§2, 4 and 6, as enacted by PL 1995, c. 421, §1, are amended to read:
2. Commencement of criminal forfeiture action. Property subject to forfeiture that is not yet the subject of a final order pursuant to section 5822, subsection 4 may be proceeded against by indictment or superseding indictment of the grand jury or by complaint in the District Court in any related criminal proceeding in which one or more persons a person with an interest in the property have has been simultaneously indicted for one or more violations charged with a violation of Title 17-A, chapter 45. At any time prior to trial, the State, with the consent of the court and any defendant with an interest in the property, may file an ancillary charging instrument or information alleging that property is subject to criminal forfeiture. Upon commencement of a criminal forfeiture by indictment or information of any property that may be the subject of any pending civil action commenced pursuant to section 5822, the civil action must be immediately stayed and subrogated to the criminal forfeiture action. Discovery in the criminal action must be as provided for by the Maine Rules of Criminal Procedure.
4. Trial proceedings. Trial against property charged by indictment or, information or complaint may be by jury and must be held in a single proceeding together with the trial of the related criminal violation. Forfeiture of the property must be proved by the State by a preponderance of the evidence. The court, in its discretion, may allow any defendant with an interest in property indicted pursuant to this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any crime alleged. At trial by jury, the court, upon motion of a defendant or the State, may separate the trial of the matter against the defendant from the trial of the matter against the property subject to criminal forfeiture. If the court bifurcates the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues. After a verdict upon the guilt or innocence of all defendants, the court shall instruct and submit to the jury the issue of the forfeiture of the property to be determined by proof by a preponderance of the evidence and the court shall restrict argument to those issues. A special verdict must be returned as to the extent of the interest or property subject to forfeiture, if any.
A. Forfeiture of the property must be proved by the State by a preponderance of the evidence.
B. The court, in its discretion, may allow any defendant with an interest in property charged pursuant to this section to waive the right to trial by jury as against the property while preserving the right to trial by jury of any crime alleged.
C. At trial by jury, the court, upon motion of a defendant or the State, shall separate the trial of the matter against the defendant from the trial of the matter against the property subject to criminal forfeiture. If the court bifurcates the jury trial, the court shall first instruct and submit to the jury the issue of the guilt or innocence of defendants to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues. If the jury finds a defendant guilty of the related criminal offense, the court shall instruct and submit to the jury the issue of the forfeiture of the property.
6. Final order of disposition of property. 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 and following the court's disposition of all petitions for hearing timely filed by 3rd parties, 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 5822, subsection 4 and section 5824 or complaint. The final order must provide for the deposit of the property or the proceeds from the disposition of the property, less the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, in the General Fund, except that, to the extent that the court finds it reasonable, the court may order forfeiture of as much of the property as is appropriate, less the reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising and notice, to a municipality, county or state agency that has made a substantial contribution to the investigation or prosecution of a related criminal case.
Sec. 4. 15 MRSA §5826, sub-§7 is enacted to read:
7. Equitable transfer of forfeited assets. In the case of any asset forfeited under this section to any entity other than the State, transfer of title to the asset may not occur until the transfer is approved by:
A. In the case of an agency or department of a county, a majority of the commissioners of the county; and
B. In the case of an agency or department of a municipality, the municipal officers of the municipality.
When property is forfeited and transferred to a municipality in accordance with this section, the municipal officers of the municipality shall determine the disposition of the property. When property is forfeited and transferred to a county in accordance with this section, the county commissioners shall determine the disposition of the property.
Sec. 5. 30-A MRSA §5655, as amended by PL 1989, c. 104, Pt. C, §§8 and 10, is further amended to read:
A gift without conditions, of any type of property, offered to a municipality shall may be accepted or rejected by its legislative body, except for forfeited assets conveyed to the municipality pursuant to Title 15, chapter 517, which may be accepted or rejected by the municipal officers.
Effective September 18, 1999, unless otherwise indicated.
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