HP0249, LD 324, item 1, An Act Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint Offenses, Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses

An Act Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint Offenses, Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 15 MRSA §5826, sub-§1, as enacted by PL 1995, c. 421, §1, is amended to read:

1. Property subject to criminal forfeiture. Notwithstanding any other provision of law, a person convicted of a violation of Title 17-A, section 302, subsection 1; section 852; section 853; or chapter 45 forfeits to the State all rights, privileges, interests and claims to property that is subject to forfeiture pursuant to section 5821. All rights, privileges, interest and title in property subject to forfeiture under this section vests in the State upon the commission of the act giving rise to forfeiture pursuant to section 5821.

Sec. 2. 15 MRSA §5826, sub-§2, as amended by PL 2015, c. 431, §33, is further amended to read:

2. Commencement of criminal forfeiture action. Property subject to forfeiture may be proceeded against by indictment of the grand jury or by complaint in the District Court in any related criminal proceeding in which a person with an interest in the property has been simultaneously charged with a violation of Title 17-A, section 302, subsection 1; section 852; section 853; or 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. Discovery in the criminal action must be as provided for by the Maine Rules of Unified Criminal Procedure.

Sec. 3. 15 MRSA §5826, sub-§7, ¶A, as enacted by PL 1999, c. 395, §1, is amended to read:

A. By clear and convincing evidence that:

(1) There was probable cause to support the seizure of the property at the time of its seizure;

(2) The interested party has knowledge of the seizure of the property or the property was seized under circumstances in which a reasonable person would have knowledge of the seizure of that person's property; and

(3) The interested party has failed to appear for any court appearance in accordance with Title 17-A, section 302, subsection 1; section 852; section 853; or chapter 45 for a violation that forms the basis of the forfeiture, and that a warrant of arrest for the interested party for such failure to appear has been outstanding for 6 months or more; and

summary

This bill provides for criminal forfeiture of property of a person convicted of certain criminal restraint offenses in violation of the Maine Revised Statutes, Title 17-A, section 302, subsection 1; aggravated sex trafficking offenses in violation of Title 17-A, section 852; and sex trafficking offenses in violation of Title 17-A, section 853.

HP0249 LD 324	Session - 129th Maine Legislature		LR 359 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer