Section 513.617

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 513

Effective - 28 Aug 1993   

  513.617.  CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner — release of property, restrictions — court approval of settlements — seized property not to be used in bargaining — time limitation. — 1.  In the event criminal charges arising from the same activity giving rise to the CAFA proceeding are filed against any individual claiming an interest in the property subject to the CAFA proceeding, such CAFA proceeding shall be stayed by the court until the disposition of the criminal charges.  In such cases, no property shall be forfeited unless the person charged is found guilty of or pleads guilty to a felony offense substantially related to the forfeiture.  The property of persons arrested, detained or apprehended and not subsequently charged is not subject to forfeiture for that arrest, detention or apprehension.  The rights of an innocent owner of property are superior to any right or claim of the state or county, and such rights shall be enforced pursuant to the provisions of sections 513.610 to 513.620.

  2.  In any case where the court determines that seized property is subject to forfeiture pursuant to the provisions of section 513.607 but there has not been a felony conviction, finding of guilt or plea of guilt to support such forfeiture, the court shall stay the civil forfeiture proceedings and order the release of the property subject to the following requirements:

  (1)  The person to whom the property is released shall file a bond in an amount which the court determines to be adequate to secure the property and which does not exceed the value of the property;

  (2)  The court may impose other conditions that it deems reasonable and necessary to prevent the property from being made unavailable for disposition by the court;

  (3)  The bond and other conditions shall terminate at such time as the released property is no longer subject to forfeiture or upon return of the property to the confiscating authority.

  3.  No action filed pursuant to sections 513.600 to 513.660 shall be compromised or otherwise settled without the express approval of the terms of the settlement by the court in which such action is pending.  Nothing in this section shall prohibit or prevent the parties from contemporaneously resolving criminal charges and a CAFA proceeding arising from the same activity.  However, seized property shall not be used in bargaining to defer prosecution of criminal charges, obtain a guilty plea or affect sentencing recommendations, and the court in which the CAFA proceeding is pending shall not approve any settlement without first making such a finding.  No state or local government agency, nor any person, may accept any monetary payment or other thing of value in exchange for the release of property seized for forfeiture or for the settlement of any criminal charges.

  4.  No state or local government agency may hold property seized for forfeiture unless a petition for forfeiture has been filed within the time limit provided by section 513.607, unless a time extension is granted by order of the circuit court.  The court may extend the time for filing a petition for up to ten days for each order, but may not extend the time for filing for more than thirty days.

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(L. 1993 S.B. 180)