44-12-207. Forfeiture of property for commission of criminal offense. (1) Except for controlled substances as provided in 44-12-104, a court may not order forfeiture of real or personal property of any kind pursuant to this chapter, including money, vehicles and other conveyances, and tangible and intangible personal property, unless:
(a) the owner of the property has been convicted of a criminal offense;
(b) the criminal offense specifically provides for forfeiture of property upon conviction; and
(c) the property has been found by clear and convincing evidence to have been used in connection with or to constitute proceeds from the criminal offense.
(2) This section does not prohibit property from being forfeited pursuant to a plea agreement between the prosecutor and the defendant subject to notice to the court or the approval of the court.
(3) Subsection (1)(a) does not apply if the owner of the property dies, is deported, or is unknown or if the owner of the property flees after the prosecution is commenced and is not apprehended within 12 months after the prosecution is commenced. If the owner of the property appears or is apprehended within 12 months after the prosecution is commenced, the owner of the property shall pay a storage fee of $100 per month for each month the property is held.
History: En. Sec. 1, Ch. 421, L. 2015.