Forfeiture of property for criminal offenses.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0130

HOUSE BILL
NO.

HB0107

Forfeiture of property for criminal offenses.

Sponsored by:
Representative(s) Gingery, Kroeker and Loucks and Senator(s) Case

A BILL

for

AN ACT relating to
criminal
forfeiture
; creating t
he Criminal Forfeiture Act; providing definitions;
specifying the procedure for seizure and forfeiture of property; providing remedies; providing exceptions; conforming or repealing conflicting provisions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 7
‑
7
‑
201 through 7
‑
7
‑
2
31

are
created to read:

ARTICLE 2
CRIMINAL FORFEITURE
ACT

7
‑
7
‑
201.

Definitions
; short title
; applicability
.

(a)

As used in this article:

(i)

"
Contraband"
means goods that are unlawful to import, export or p
ossess;

(ii)

"
Conveyance"
means a device used for transportation includ
ing
a motor vehicle, trailer, snowmobile, airplane and vessel and
includes any equipment attached to the conveyance
.
"Conveyance"
does not include property that is stolen or taken in vi
olation of the law;

(iii)

"
Instrumentality"
means property otherwise lawful to pos
sess that is used in an offense including, without limitation, a tool, firearm, conveyance, computer, computer software,
telecommunications dev
ice or money or other means of exchange;

(iv)

"
Law enforcement agency"
means any police force, multijurisdictional task force, fire department, or other loc
al, county or state agency that h
as the authority under state
or,
in cooperation with a federal agency
,
under federal law to engage in seizure and forfeiture
;

(v)

"Law subject to forfeiture" means
a
s
tate law that carries a felony penalty.

(b)

This article shall be know
n and may be cited as t
he
"
Criminal Forfeiture Act".

(c)

The provisions of the Criminal Forfeiture Act shall be applicable only to seizures or forfeitures occurring on or after the effective date of this act.

7
‑
7
‑
202
.

Criminal forfeiture.

(a)

When a person is convicted of violating a law subject to forfeiture, the court, consistent with this chapter, shall order the person to forfeit:

(i)

P
roceeds and property the person derived directly from the commission of the crime;

(ii)

P
roceeds and property directly traceable to proceeds and property derived directly from the commission of the crime; and

(iii)

I
nstrumentalities the person used in the commission of the crime.

7
‑
7
‑
203
.

Conviction required; standard of proof.

(a)

Property used in or derived from the violation of a law i
s subject to forfeiture only if
:

(i)

T
he violation is of a law subject to forfeiture
; and

(ii)

T
he violation is established by proof of a criminal conviction.

(b)

The s
tate shall establish that seized property is forfeitable under
W.S. 7
‑
7
‑
202
by clear and convincing evidence.

7
‑
7
‑
204
.

No civil forfeiture.

There shall be no civil forfeiture.

7
‑
7
‑
205
.

Authorization to use forfeiture.

(a)

Except for federal forf
eitures
consistent with W.S. 7
‑
7
‑
23
0
, forfeiture may occur only pursuant to an
explicit grant of authority in s
tate law. An ordinance enacted by a county, municipality or other unit of government authorizing forfeiture is not valid.

(b
)

A
district attorney
having jurisdiction over a law subject to forfeiture has authority to pursue forfeiture.

7
‑
7
‑
206
.

Property subject to forfeiture; contraband.

(a)

Property subject to forfeiture is limited to:

(i)

L
and, buildings, containers, conveyances, equipment, materials, products, money, securities and negotiable instruments; and

(ii)

Instrumentalities
used in the furtherance or commission of a violation of a law subject to forfeiture.

(b)

No property right exists in contraband, including scheduled drugs without a valid prescription. Contraband
is subject to seizure and
shall
be disposed of according to
s
tate law. Contraband is not subject to forfeiture under this
article
.

7
‑
7
‑
207
.

Substitution of assets for unreachable property.

Upon
the state'
s motion following conviction, the court may order the forfeiture of substitute property owned fully by the defendant up to the value of un
reachable property only if the s
tate proves by a preponderance of the evidence that the defendant
intentionally transferred, sold
or deposited property with a
third party to avoid the court'
s jurisdiction.

7
‑
7
‑
208
.

No additional remedies.

Except as ot
herwise provided in this article, the s
tate
shall
not seek additional remedies including but not limited to personal money judgments.

7
‑
7
‑
209
.

No joint-and-several liability; pro rata forfeitures.

(a)

No
defendant
shall

be held
jointly and severally liable for forfeiture awards owed by other defendants.

(b)

If
ownership is unclear, a court may order each defendant to forfeit property on a pro rata basis proportional to the proceeds that each defendant personally received.

7
‑
7
‑
210
.

Designating property subject to forfeiture.

(a)

Property subject to forfeiture
shall
be identified by the s
tate in an indictment of a grand jury or by information in the court in any related criminal proceeding in which a person with an interest in the property has been simultaneously charged with a violation of a law subject to forfeiture.

(b)

The indictment or information
shall
specify the time and place of the
v
iolation,
identify the property
and particularly describe its use in the commission of the crime or derivation fro
m the commission of the crime.

(c)

At any time prior to trial, the
s
tate may file an ancillary charge alleging that pro
perty is subject to forfeiture.

7
‑
7
‑
211
.

Seizure with process.

At the request of the
s
tate, a court may issue an ex parte preliminary order to seize or secure property for which forfeiture is sought and to provide for its custody. Application, issuance, execution and return are subject to
s
tate law.

7
‑
7
‑
212
.

Seizure without process.

(a)

Property subject to forfeiture may be seized without a court order if:

(i)

T
he seizure is incident to a lawful arrest or a lawful search;

(
ii)

T
he property subject to seizure has been the subject of a prior judgment
in favor of the s
tate; or

(iii)

The s
tate has probable cause to believe that the delay occasioned by the necessity to obtain
a preliminary order
would result in the removal or destruction of the property and that the property is forfeitable
under

this article
.

7
‑
7
‑
213
.

Receipt for seized property.

When property is seized, the law enforcement officer shall give an itemized receipt to the person in possession of the property
.

If the person is not present
,
the officer shall
leave a receipt in the place where the property was found, if reasonably possible.

7
‑
7
‑
214
.

Bill of particulars.

A motion for a bill of particulars may be made before arraignment, within
ninety (
90
)
days after arraignment or at any later time that the court permits. A bill of particulars may be amended at any time subject to conditions that justice requires.

7
‑
7
‑
215
.

Title.

(a)

At the time of
the
seizure
or entry of a restraining order
the
s
tate acquires provisional title to the seized property. Provisional title authorizes the
s
tate to hold and protect the property
.

(b)

Title to the property vests with the
s
tate when the trier of fact renders a final forfeiture verdict
. Title
rel
ates back to the time when the s
tate acquired provisional title
under this section. However,
title
acquired under this section
is subject to claims by third parties adjudicated
pursuant to
this
article
.

7
‑
7
‑
216
.

Storage.

When property is seized, the s
tate shall use reasonable diligence to secure the property and prevent waste.

7
‑
7
‑
217
.

Bond by owner for possession.

(a)

If the owner of property that has been seized seeks its possession before the criminal trial, the owner may post bond or give substitute property in an amount equal to the fair market value of the seized property at the time the bond amount is determined
.

(b)

On the posting of
a
bond or the giving of substitute property
under subsection (a) of this section
, the
s
tate shall return the seized property to the owner within a reasonable period of time not to exceed
three (
3
)
business days. The forfeiture action may then proceed against the bond or substitute property as
if it were the seized property.

(c)

This section
shall
not apply to property reasonably held for investigatory purposes.

7
‑
7
‑
218
.

Discovery.

Discovery is subject to the
Wyoming Rules of Criminal P
rocedure.

7
‑
7
‑
2
19
.

Right to trial by jury.

Any party to a forfeiture action has a right to trial by jury.

7
‑
7
‑
2
20
.

Trial proceedings.

(a)

A trial related to the forfeiture of property
shall
be held in a single proceeding together with the trial of the related alleged crime unless the defendant
moves to
bifurcate
the trial.

(b)

The court, upon motion of a defendant, shall separate the trial of the criminal matter against the defendant from the matter related to the forfeiture of property
.

(c)

The court, upon motion of a defendant, shall allow a defendant to waive the right to trial by jury related to the forfeiture of property while preserving the right to tria
l by jury of any crime alleged.

(d)

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 the defendant to be determined by proof beyond a reasonable doubt and shall restrict argument of counsel to those issues.

(e)

If the court
bifurcates
the jury trial, each party may introduce evidence in the forfeiture phase that was not introduced in the criminal phase.

(f)

If the jury finds a defendant guilty of the related criminal offense and the defendant did not waive the right to trial by jury related to the forfeiture, the court shall instruct and submit to the jury the issue of the forfeiture. The court may use interrogatories to address the forfeiture issue.

7
‑
7
‑
22
1
.

Proportionality.

(a)

Following determination by the trier of fact, the owner may petition the court to determine whether the forfeiture is unconstitutionally excessive under the
Wyoming
or U
nited
S
tates
constitution.

(b)

The owner has the burden of establishing that the forfeiture is grossly disproportional to the seriousness of the offense by a preponderance of the evidence at a hearing conducted by the court without a jury.

(c)

In determining whether the forfeiture of an instrumentality is constitutionally excessive, the court shall consider all relevant factors, including, but not limited to:

(i)

T
he seriousness of the offense and its impact on the community, including the duration of the activity and the harm caused by the person whose property is subject to forfeiture;

(ii)

T
he extent to which the person whose property is subject to forfeiture participated in the offense;

(
iii)

T
he extent to which the property was used in committing the offense;

(
iv)

T
he
sentence imposed for committing the crime subject to forfeiture; and

(v)

W
hether the offense was completed or attempted.

(d)

In determining the value of the instrumentality subject to forfeiture, the court shall consider relevant factors, including, but not limited to:

(i)

T
he fair market value of the property;
`
(ii)

T
he value of the property to the person whose property is subject to forfeiture including hardship to the owner if the forfeiture is realized; and

(
iii)

T
he hardship from the loss of a motor vehicle or other property to family members or others if the property is forfeited.

(e)

The court may not consider the value of the instrumentality to the
s
tate in determining whether the forfeiture of an instrumentality is constitutionally excessive.

7
‑
7
‑
222
.

Secured interest.

(a)

A bona fide security interest is not subject to forfeiture unless the person claiming a security interest had actual knowledge that the property was subject to forfeiture
at the time
the property was seized or restrained under this
article
.

(b)

A person claiming a security interest bears the burden of establishing that the validity of the interest by a preponderance of the evidence.

7
‑
7
‑
223
.

Ancillary hearing of third

party interests.

(a
)

A person not charged in the indictment or information but who has an interest in property subject to forfeiture may not intervene after the criminal trial has begun.

(b
)

Following the entry of a verdict of forfeiture of property pursuant to this
article
or the entry of a guilty plea in court on the record, the
s
tate shall exercise reasonable diligence to identify persons with a potential interest in the property and make reasonable efforts to give notice to potential claimants. The
s
tate shall provide written notice of its intent to dispose of the property to any person known or alleged to have an interest in the property exempted from forfeiture under this chapter, including any perso
n potentially making claims for:

(i)

Court-ordered child support;

(ii)

E
mployment-related compensation
;
or

(iii)

P
ayment of unsecured debts.

(c)

The notice
required under this section shall
also be made by publication in a reasonable geographic area.

(
d
)

A person other than the defendant asserting a legal interest in the property
may
, within
sixty (
60
)
day
s of the date of the notice,
petition the court for a hearing to adjudicate the validity of the alleged interest in the property. The request for the hearing
shall
be signed by the petitioner under penalty of perjury and state
:

(i)

T
he nature and extent of the
petitioner'
s right, title or interest in the property;

(ii)

T
he time and circumstances of the
petitioner'
s acquisition of the right, title or interest;
and

(iii)

A
ny additional facts supporting the
petitioner'
s claim and the relief sought.

(
e)

Upon the filing of a petition
under this section
, the court shall schedule the hearing as soon as practicable but in no event later than
six (
6
)
months 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:

(i)

T
he peti
tioner has a legal right, title
or interest in the property, and such 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 the defendant or was superior to any right, title or interest of the defendant at the time of the property was seized or restrained under this
article
; or

(ii)

T
he petitioner is a bona fide purchase
r for value of the right, title
or interest in the property and was at the time of purchase without cause to believe that the property was subject to forfeiture under this
article. The s
tate has the burden of proof with respect to the issue of whether the petitioner was without cause to believe that
the property was subject to forfeiture at the time of purchase or other acquisition of value.

7
‑
7
‑
2
24
.

Innocent joint owner.

(a)

The property of an innocent joint owner may not be forfeited under any forfeiture statute. The process for determining whether a person is an innocent joint owner is set out in this section.

(b)

A person who has any form of joint interest, including joint tenancy, tenancy in common or tenancy by the entirety, in property subject to forfeiture existing at the time the illegal conduct giving rise to forfeiture occurred and who claims to be an innocent joint owner shall make a prima facie case that the person has a
legal right, title
or interest in the property s
eized or restrained under this article
.

(c)

If subsection (b) of this section is satisfied and the state seeks to proceed with the forfeiture against the person's ownership interest, the state shall prove by a preponderance of the evidence that the person had actual
knowledge of the underlying crime giving rise to the forfeiture or was willfully blind to its commission.

(d)

If subsection
(c)
of this section
is satisfied and the perso
n seeks to establish the person'
s innocent owner status, the person shall show by a preponderance of the evidence that the person did all that reasonably could be expected under the ci
rcumstances to prohibit, abate
or terminate the illegal use of the property. The person may show that the person did all that reasonably could be expected by demonstrating, among other things, that the person, to the extent permitted by law:

(i)

G
ave timely notice to an appropriate law enforcement agency of information that led the person to know the conduct giving rise to a forfeiture would occur or had occurred; or

(ii)

I
n a timely fashion revoked or made a good

faith attempt to revoke permission for those engaging in the illegal conduct to use the property or took reasonable actions in consultation with a law enforcement agency to discourage or prevent the illegal use of the property.

(e)

No person is required under subsection (d) of this section
to take steps that the person reasonably believes would be likely to subject the person to physical danger.
If subsection
(d)
of this section
is satisfied, the court shall find that the claimant was not a party to the crime and is an innocent joint owner.

(f)

A person who acquired an ownership interest in property after the commission of a crime giving rise to the forfeiture has occurred and who claim
s to be an innocent joint owner
shall make a prima facie case that the person
has a legal right, title
or interest in the property seized or restrained under this
article
.

(g)

If
subsection (
f)
of this section is satisfied and the s
tate seeks to proceed with the forfeiture against the pe
rson's ownership interest, the s
tate shall prove by a preponderance of the evidence that at the time the person acquired the property interest the person had actual knowledge that the property was subject to forfeiture or was willfully blind to the commission of the crime that subjected the property to forfeiture.

(h)

If the s
tate fails to meet its burden in
subsection
(g)
of this section
, the court shall find that the person was not a party to the crime and is an innocent joint owner.

(j)

An otherwise valid claim under
subsection
(f)
of this section shall
not be denied on the grounds that the person gave nothing of value in exchange for the property if:

(i
)

T
he property is the person’s primary residence;

(ii)

D
epriving the person of the property would deprive the person of the means to maintain reasonable shelter in the community for the person and all dependents residing with the person;

(iii)

T
he property is not, and is not traceable to, the proceeds of any criminal offense; and

(
iv)

T
he person acquired interest in the pro
perty through marriage, divorce or
legal separation, or the person was the spouse or legal dependent of someone
whose death resulted in the transfer of the property to the person through inheritance or probate, except that the court shall limit the value of any real property interest for which innocent ownership is recognized under this
subsection
to the value necessary to maintain reasonable shelter in the community for the person and all dependents residing with the person.

(
k)

If the innocent joint owner'
s claim is estab
lished under this section, the s
tate shall relinquish all claims of title to the property that may have vested with it.

(m
)

If the court determines that an innocent joint owner has any form of joint interest in a conveyance subject to forfeiture related to operating a conveyance while impaired, the court may order that the innocent joint owner participate in the ignition
interlock device program under s
tate law as a condition of ordering the
conveyance
be returned to the innocent joint owner.

(
n
)

If the court determines that an innocent joint owner has any form of joint interest in property, other
than property described
in
subsection
(
m
), the court shall order the property be returned to the innocent owner.

7
‑
7
‑
225
.

Sale of property.

(a)

If a trier of fact finds that property is to be forfei
ted, the court shall order the s
tate to:

(i)

If applicable, r
eturn stolen property to its owner;

(
ii)

S
ell all firearms, ammunition and firearm accessories to licensed firearms dealers in a commercially reasonable manner; and

(iii)

S
ell other property in a commercially reasonable manner.

7
‑
7
‑
2
26
.

Prohibition on retaining property; sale restrictions.

The law enforcement agency that seized property forfeited under this
article
may not retain it for its own use or sell it directly or indirectly to any employee of the
agency, to a person related to an employee by blood or marriage or to another law enforcement agency.

7
‑
7
‑
2
27
.

Disposition of proceeds.

(a)

Proceeds seized and proceeds from the sale of forfeited assets may be distributed only following a court order. The court shall order the funds be used to pay, in order of priority, for the following purposes:

(i)

S
torage and sale expenses;

(ii)

S
atisfaction of valid liens against the property;

(iii)

R
estitution ordered to the victim of the criminal offense;

(
iv)

R
eimbursement
of investigation costs excluding salaries that the law enforcement agency incurred in the seizure of the assets subject to the forfeiture action;

(
v)

C
ourt-ordered child support obligations;

(
vi)

C
laims
fo
r compensation by the defendant'
s employees; and

(vii)

C
laims for compensation by
the defendant'
s unsecured creditors.

(b)

All remaining fu
nds shall be deposited into the state
general fund.

7
‑
7
‑
2
28
.

Disposing of property of a person d
eported
.

(a)

This section covers procedures for disposing of property when the owner is deported from the United States to a foreign country.

(b)

If the owner of property is deported after being convicted of a violation of a state law that is subject to forfeiture and the property is found to be an instrumentality or proceeds of the violation of that state law, the court shall enter an order disposing of the property in accordance with
W.S. 7
‑
7
‑
2
25
and 7
‑
7
‑
2
27
.

(c)

If the owner of property is deported but the owner is not convicted of violating a state law that is subject to forfeiture or the property is not found to be an instrumentality or proceeds from the violation of a state law subject to forfeiture for which the owner of the property is convicted, the property shall be returned to the next of kin of the person deported.

(d)

If the next of kin is not know
n or refuses the property, the s
tate shall exercise reasonable diligence to identify persons with a potential interest in the property and make reasonable efforts to give notic
e to potential claimants. The s
tate shall provide written notice to persons known or alleged to have an interest in the property including other family members and any person potentially making claims for court

ordered child support, emplo
yment

related compensation
or payment of debts. The notice
shall
also be made by publication in a reasonable geographic area.

(e)

If no claim is ma
de within sixty (60) days of the notice'
s publication date, the court shall enter an order disposing of the property in accordance with
W.S. 7
‑
7
‑
2
25
and 7
‑
7
‑
2
27
.

(f)

A person wanting to assert a legal claim to the property shall, within
sixty (
60
)
days of the date of the applicable notice in
subsection
(d)
of this section
, petition the court for a hearing to adjudicate the validity of the alleged interest in the property. The petition for the hearing
shall
be signed by the claimant under penalty of perjury. It
shall
state the na
ture and extent of the claimant's right, title or interest in the property,
the time and circumstances of the claimant’s
acquisition of the right, title or interest
and any additional facts supporting the claim and the relief sought.

(g)

The court shall schedule a hearing as soon as practicable to determine if the claimant has a legal right, title or interest in the property or is a bona fide purchaser for value of the legal right, title or interest in the property.

7
‑
7
‑
2
29
.

Return of property, damages and costs
.

(a)

The s
tate shall return property to the owner within a reasonable period of time not to exceed
three (
3
)
business days after a court finds that:

(i)

T
he owner had
a bona fide security interest;

(ii)

T
he owner was an innocent owner;

(iii)

C
harges against
the owner were dismissed; or

(iv)

T
he
owner was found not guilty of the criminal charge that is the basis for the forfeiture action.

(b)

If property returned under subsection
(a)
of this section
has been damaged, the owner may make a claim in court for the damages to the seized property against the agency that seized the property.

(c)

The s
tate is responsible for any storage fees and related costs applicable to property returned under
subsection
(a)
of this section
.

7
‑
7
‑
23
0
.

Interaction with federal government
; standing
.

(a)

No unit of s
tate government may transfer a criminal investigation or proceeding to the fe
deral government to circumvent s
tate forfeiture law.

(b)

For a
s
tate government unit to transfer a criminal investigation or proceeding that includes forfeiture to the federal government, a
s
tate court shall affirmatively find that:

(
i)

T
he suspected criminal activity giving rise to the forfeiture is interstate in nature and sufficiently complex to justify the transfer; or

(
ii)

T
he seized property is forfeitable only as a violation of federal law.

(c)

All funds paid by the federal government
shall
be deposited into the
state general fund
. The
s
tate
treasurer
shall credit:

(i)

T
he
s
tate government unit involved with the federal government sufficiently to reimburse it for investigation costs, excluding salaries, that the
s
tate
government unit incurred related to the seizure of the assets subject to the forfeiture action
; and

(ii)

T
he remainder to the general fund.

7
‑
7
‑
2
31
.

Exemption
s
.

Nothing in this article shall apply to seizures
or forfeitures of property
pursuant to the civil process, related to taxation or pursuant to W.S. 7
‑
3
‑
704, 11
‑
21
‑
103, 11
‑
29
‑
109, 11
‑
30
‑
107, 11
‑
32
‑
104, 12
‑
3
‑
102, 18
‑
3
‑
505, 31
‑
11
‑
111, 35
‑
7
‑
502(g),
35
‑
7
‑
1049(g),
35
‑
7
‑
1501(g), 35
‑
9
‑
806(e), 35
‑
10
‑
206, 36
‑
8
‑
316, 39
‑
18
‑
108(c)(i) or (xi), 40
‑
10
‑
123(a)(iii), 41
‑
13
‑
105(e) or 41
‑
13
‑
215(b)(ii).

Section
2
.

W.S. 1
‑
40
‑
203(b)(xi), 1
‑
40
‑
208(a), 7
‑
2
‑
104(c), 7
‑
2
‑
105(
b
)
and
(c), 7
‑
7
‑
103(a)
(intro)
, 23
‑
6
‑
208 and 35
‑
7
‑
1049
(a)(intro), (c), (d)(intro) and (e)(intro)
are amended to read:

1
‑
40
‑
203.

Victim and witness bill of rights.

(b)

Crime victims, key witnesses and, upon request, other witnesses shall have the following rights:

(xi)

To prompt return of property seized as evidence as provided in W.S. 1
‑
40
‑
208
and in accordance with
t
he Criminal
Forfeiture
Act
;

1
‑
40
‑
208.

Prompt return of property.

(a)

Victims and witnesses have the right to have any personal property, which is not contraband, promptly returned and any real estate, subject to declaration as uninhabitable under W.S. 35
‑
9
‑
156(
d), released to the control of the real estate owner, provided it does not interfere with prosecution, trial or appellate review of the case.
Property under this subsection shall b
e subject to the provisions of t
he Criminal
Forfeiture
Act
.

7
‑
2
‑
104.

Authority to seize deadly weapons; disposition.

(c)

Deadly weapons seized under this section shall be returned or disposed of as provided by
W.S. 7
‑
2
‑
105 unless otherwise ordered by the court

t
he Criminal
Forfeiture
Act
.

7
‑
2
‑
105.

Disposition and appraisal of property seized or held; notice and order to show cause; judgment.

(b)

Any property seized by a peace officer shall be
delivered immediately to the appropriate law enforcement agency. The head of the law enforcement agency shall maintain custody of the property pending an order of disposal by the court pursuant to this section unless the property is otherwise released according to this section

subject to the provisions of t
he Criminal
Forfeiture
Act
.

(c)

Subject to the provisions of the Criminal Forfeiture Act,
i
f the property is lost, mislaid, abandoned or unclaimed or if possession of the property is unlawful, the law enforcement agency shall seek in circuit court or district court an order to show cause why the property should not be sold or forfeited and sold at public auction or transferred to the use of the law enforcement agency. If the lawful owner of the property can reasonably be ascertained, the property shall be delivered to him without judicial action unless the property constitutes evidence of a crime, the possession of the property would be unlawful or ownership and interest are in dispute.

7
‑
7
‑
103.

Disposition of property.

(a)

Except as otherwise provided by law, property seized pursuant to a search warrant shall be disposed of
as follows:

in acc
ordance with the provisions of t
he Criminal
Forfeiture
Act.

23
‑
6
‑
208.

Forfeiture of devices and equipment used in taking game illegally; procedure.

Devices and equipment, including any firearm, weapon, ammunition, trap, snare, vessel, motorized vehicle, aircraft, explosive, poisonous substance, electronic device or optical equipment, used in, or in aid of, a violation of W.S. 23
‑
3
‑
102(d) or 23
‑
3
‑
107 may be seized by any law enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction when the value of the devices or equipment is one thousand dollars ($1,000.00) or less or by the district court for the county in which the offense was charged when the value of the devices or equipment is more than one thousand dollars ($1,000.00). Any device or equipment seized under this section shall be forfeited to the state in accordance with
W.S. 7
‑
2
‑
105

the provisions of t
he Criminal
Forfeiture
Act
,
provided the device or equipment is not subject to forfeiture under this section by reason of any unlawful act committed without the knowledge or consent of the owner. A device or equipment seized under this section shall not be forfeited as provided under this section until after the person has been convicted under W.S. 23
‑
3
‑
102(
d) or 23
‑
3
‑
107 and the time for appeal has expired.

35
‑
7
‑
1049.

Forfeitures and seizures generally; property subject to forfeiture.

(a)

Subject to
t
he Criminal
Forfeiture
Act, t
he following are subject to forfeiture:

(c)

Prompt institution of proceedings.
‑
In the event of seizure pursuant to subsection (b) of this section, proceedings
under

as provided by

subsection (d) of this section shall be instituted promptly.

(d)

Seized property
not repleviable; sealing or removal of seized property.
‑
Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the commissioner subject only to the orders and decrees of the court having
jurisdiction over the forfeiture proceedings

i
s subject to the provisions of t
he Criminal
Forfeiture
Act
.
When property is seized under this act, the commissioner may
, subject
to t
he Criminal Forfeiture Act
:

(e)

When property is forfeited under
this act

t
he Criminal
Forfeiture
Act
, the commissioner may:

Section 3.

W.S. 7
‑
7
‑
103(
a)(i) and (ii)

is
repealed.

Section 4.

This act is effective July 1, 2014.

(END)

1
HB0107