H.P. 964 - L.D. 1362
An Act to Allow the State to Initiate Default Proceedings in Order to Obtain Forfeited Assets When the Defendant Fails to Appear in a Court Proceeding
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §5826, sub-§7 is enacted to read:
7. Default proceedings. Upon motion of the State, the court having jurisdiction over a criminal forfeiture matter may declare a default judgment of forfeiture if the court finds as follows:
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, 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
B. By a preponderance of the evidence that the State is entitled to a judgment of forfeiture pursuant to chapter 517.
The State may meet its burden under paragraphs A and B by presentation of testimony or affidavit.
The interested party has 30 days from the date of the declaration of default judgment of forfeiture to appear before the court in person, submit to its jurisdiction on the companion criminal charge and to petition the court to remove the default judgment.
Post-default proceedings are governed by section 5825.
Effective September 18, 1999, unless otherwise indicated.
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