| 5.__A person not charged in the indictment may not intervene |
| in the criminal action.__Following the entry of a verdict of |
| forfeiture of property pursuant to this section or the entry of a |
| guilty plea in open court on the record, the State shall provide |
| written notice of its intent to dispose of the property to any |
| person known to have alleged an interest in the property.__The |
| notice may be by certified, return receipt mail or as otherwise |
| ordered by the court.__Receipt of notice by a person then |
| licensed to operate a motor vehicle in the State is presumed when |
| notice is mailed to the last known address of that person on file |
| with the Department of the Secretary of State, Bureau of Motor |
| Vehicles.__A person other than the defendant asserting a legal |
| interest in the property within 30 days of the date of receipt of |
| the notice may petition the court for a hearing to adjudicate the |
| validity of any alleged interest in the property.__The hearing |
| must be held before the court without jury.__The request for the |
| hearing must be signed by the petitioner under penalty of perjury |
| and must state the nature and extent of the petitioner's right, |
| title or interest in the property, the time and circumstances of |
| the petitioner's acquisition of the right, title or interest in |
| the property, any additional facts supporting the petitioner's |
| claim and the relief sought.__Upon the filing of any petition for |
| hearing, the court shall schedule the hearing as soon as |
| practicable, but in no event later than 6 months after the |
| petition is filed or 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 |
| the petitioner has established by a preponderance of the evidence |
| that: |
