Reopening forfeiture proceedings; rehearing; jurisdiction of courts

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§ 4511. Reopening forfeiture proceedings; rehearing; jurisdiction of courts

(a) At any time within one year after such property shall have been adjudged forfeited, and upon notice to the State's Attorney of the county, a claimant, upon showing that he or she had no knowledge of the hearing, may apply to the court before whom former proceedings were had to have the cause reopened, provided he or she shall give security by way of recognizance to the State, with sufficient sureties, in such sum as the court directs, conditioned that the claimant will prosecute his or her claim to effect and pay the costs awarded against him. If upon rehearing such claimant establishes his or her claim, the court shall certify to the Commissioner of Finance and Management the amount of such claim, not exceeding the net amount actually realized by the State from the sale of such firearm, motor or other vehicle, or other device and the Commissioner of Finance and Management shall issue his or her warrant therefor.

(b) [Repealed.]  (Added 1961, No. 119, § 1, eff. May 9, 1961; amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974; 1983, No. 195 (Adj. Sess.), § 5(b).)


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