2021 -- S 0732

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LC002513

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

     Introduced By: Senators Mendes, Calkin, Valverde, Mack, and Acosta

     Date Introduced: March 26, 2021

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 21-28-5.04 of the General Laws in Chapter 21-28 entitled "Uniform

Controlled Substances Act" is hereby amended to read as follows:

     21-28-5.04. Forfeiture of property and money.

     (a) Any property, real or personal, including, but not limited to, vessels, vehicles, or

aircraft, and money or negotiable instruments, securities, or other things of value or any property

constituting, or derived from any proceeds, furnished, or intended to be furnished, by any person

for the transportation of, or in exchange for, a controlled substance and that has been, or is being

used, in violation of § 21-28-4.01(a) or 21-28-4.01(b) or in, upon, or by means of which any

violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08

has taken, or is taking place, and all real property including any right, title, and interest in the whole

of any lot or tract of land and any appurtenances or improvements that is used in the commission

of a violation of §§ 21-28-4.01(a) or 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-

4.08, or that was purchased with funds obtained as a result of the commission of a violation of §§

21-28-4.01(a) or §§ 21-28-4.01(b) or §§ 21-28-4.01.1 or 21-28-4.01.2 or 21-28-4.08, shall be

subject to seizure and forfeiture pursuant to chapter 33 of title 12. seized and forfeited; provided

that no property or money, as enumerated in this subsection, used by any person shall be forfeited

under the provisions of this chapter unless it shall appear that the owner of the property or money

had knowledge, actual or constructive, and was a consenting party to the alleged illegal act. All

moneys, coin and currency, found in close proximity to forfeitable controlled substances, to

forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the

importation, manufacture, or distribution of controlled substances, are presumed to be unlawfully

furnished in exchange for a controlled substance or used in violation of this chapter. The burden of

proof is upon claimants of the property to rebut this presumption.

     (b) Property taken or detained under this section shall not be repleviable, but shall be

deemed to be in the custody of the law enforcement agency making the seizure and whenever

property or money is forfeited under this chapter it shall be utilized as follows:

     (1) Where the seized property is a vessel, vehicle, aircraft, or other personal property it

may be retained and used by the law enforcement agency that seized the property where the use of

the property is reasonably related to the law enforcement duties of the seizing agency. If the seized

property is a motor vehicle that is inappropriate for use by the law enforcement agency due to style,

size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade-in value

of the vehicle towards the purchase of an appropriate vehicle for use in activities reasonably related

to law enforcement duties.

     (2) The law enforcement agency may sell any forfeited property not required by this chapter

to be destroyed and not harmful to the public. The proceeds from the sale are to be distributed in

accordance with subdivision (3) of this subsection.

     (3) As to the proceeds from the sale of seized property as referred to in subdivision (2) of

this subsection, and as to moneys, coin and currency, negotiable instruments, securities, or other

things of value as referred to in subsection (a) of this section, the distribution shall be as follows:

     (i) (A) All proceeds of the forfeiture of real or personal property shall be distributed as

follows: All costs of advertising administrative forfeitures shall first be deducted from the amount

forfeited. Of the remainder, twenty percent (20%) of the proceeds shall be provided to the attorney

general's department to be used for further drug-related law enforcement activities including, but

not limited to, investigations, prosecutions, and the administration of this chapter; seventy percent

(70%) of the proceeds shall be divided among the state and local law enforcement agencies

proportionately based upon their contribution to the investigation of the criminal activity related to

the asset being forfeited; and ten percent (10%) of the proceeds shall be provided to the department

of health for distribution to substance abuse treatment programs.

     (B) The law enforcement agencies involved in the investigation, with the assistance of the

attorney general, shall by agreement determine the respective proportionate share to be received by

each agency. If the agencies are unable to reach agreement, application shall be made by one or

more of the agencies involved to the presiding justice of the superior court who shall determine the

respective proportionate share attributable to each law enforcement agency. The proceeds from all

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forfeitures shall be held by the general treasurer in a separate account until such time as an

allocation is determined by agreement of the agencies or by the presiding justice. It shall be the

duty and responsibility of the general treasurer to disburse the allocated funds from the separate

account to the respective law enforcement agencies.

     (ii) Each state or local law enforcement agency shall be entitled to keep the forfeited money

or the proceeds from sales of forfeited property. The funds shall be used for law enforcement

purposes and investigations of violations of this chapter. The funds received by a state law

enforcement agency shall be maintained in a separate account by the general treasurer. The funds

received by a local law enforcement agency shall be maintained in a separate account by the local

agency's city or town treasurer.

     (c) (1) There is established in the state's treasury a special fund to be known as the asset

forfeiture fund in which shall be deposited the excess proceeds of forfeitures arising out of criminal

acts occurring before July 1, 1987. The asset forfeiture fund shall be used to fund drug-related law

enforcement activity and the treatment and rehabilitation of victims of drug abuse. The fund shall

be administered through the office of the general treasurer. The presiding justice of the superior

court shall have the authority to determine the feasibility and amount of disbursement to those state

or local law enforcement agencies that have made application.

     (2) Upon the application of any law enforcement agency of the state of Rhode Island, when

a special need exists concerning the enforcement of the provisions of this chapter, the attorney

general, or his or her designee, may apply to the presiding justice of the superior court for the

release from the general treasury of sums of money. When the presiding justice upon consideration

of the reasons set forth by that agency deems them to be reasonable and necessary to the

accomplishment of a goal within the powers and duties of that law enforcement agency, he or she

may issue an order ex parte providing for the release of the funds.

     (d) Each law enforcement agency making any seizure(s) that result(s) in a forfeiture

pursuant to this section shall certify and file with the state treasurer between January 1 and January

30 an annual report detailing the property or money forfeited during the previous calendar year and

the use or disposition of the property or money. The report shall be made in the form and manner

as may be provided or specified by the treasurer and these annual law enforcement agency reports

shall be provided to the local governmental body governing the agency and to the house and senate

judiciary committees.

     (e) Any law enforcement agency whose duty it is to enforce the laws of this state relating

to controlled substances is empowered to authorize designated officers or agents to carry out the

seizure provisions of this chapter. It shall be the duty of any officer or agent authorized or

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designated, or authorized by law, whenever he or she shall discover any property or monies that

have been, or are being, used in violation of any of the provisions of this chapter, or in, upon, or by

means of which any violation of this chapter has taken or is taking place, to seize the property or

monies and to place it in the custody of the person as may be authorized or designated for that

purpose by the respective law enforcement agency pursuant to those provisions.

     (f) For purposes of this section and § 30-14-2 only, the Rhode Island national guard shall

be deemed a law enforcement agency eligible to participate in the forfeiture of money and assets

seized through counterdrug operations in which members of the guard support federal, state or

municipal efforts.

     SECTION 2. Sections 21-28-5.04.1 and 21-28-5.04.2 of the General Laws in Chapter 21-

28 entitled "Uniform Controlled Substances Act" are hereby repealed.

     21-28-5.04.1. Criminal forfeiture procedures.

     (a) Any criminal complaint, information, or indictment charging one or more covered

offenses shall set forth with reasonable particularity property that the attorney general seeks to

forfeit pursuant to this section.

     (b) The court may, upon application of the attorney general, enter a restraining order or

injunction, require any person claiming any interest in the subject property to execute a satisfactory

performance bond to the state, or take any other action to preserve the availability of property

subject to forfeiture described in § 21-28-5.04, whether prior or subsequent to the filing of a

complaint, indictment, or information. Written notice and an opportunity for a hearing shall be

afforded to persons appearing to have an interest in the property, the hearing to be limited to the

issues of whether:

     (1) There is a substantial probability that the state will prevail on the issue of forfeiture and

that failure to enter the order will result in the property being destroyed, conveyed, encumbered or

further encumbered, removed from the jurisdiction of the court, or made unavailable for forfeitures;

and

     (2) The need to preserve the availability of property through the entry of the requested

order outweighs the hardship on any party against whom the order is to be entered.

     (c) (1) A temporary restraining order under this section may be entered upon application

of the attorney general without notice or opportunity for a hearing when a complaint, information,

or indictment has not yet been filed with respect to the property if the attorney general demonstrates

that there is probable cause to believe that the property with respect to which the order is sought

would, in the event of conviction, be subject to forfeiture under § 21-28-5.04 and that provision of

notice will jeopardize the availability of the property for forfeiture. The temporary restraining order

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shall expire within ten (10) days of the date on which it is entered unless extended for good cause

shown or unless the party against whom it is entered consents to an extension for a longer period.

     (2) A hearing requested by any party in interest concerning an order entered under this

subsection shall be held at the earliest possible time and prior to the expiration of the temporary

order.

     (3) The court may receive and consider, at the hearing held pursuant to this subsection,

evidence and information that would be inadmissible in court.

     (d) Upon conviction of a person for a covered offense the court shall enter a judgment of

forfeiture of the property described in § 21-28-5.04 to the state and shall also authorize the attorney

general to seize all property ordered forfeited upon any terms and conditions that the court shall

deem proper. Following the entry of an order declaring the property forfeited, the court may, upon

application of the attorney general, enter any appropriate restraining orders or injunctions, require

the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers,

accountants, or trustees, or take any other action to protect the interest of the state in the property

ordered forfeited. Any income accruing to or derived from an enterprise or an interest in an

enterprise that has been ordered forfeited under this section may be used to offset ordinary and

necessary expenses of the enterprise as required by law or that are necessary to protect the interest

of the state or innocent third parties.

     (e) All right, title, and interest in property described in § 21-28-5.04 vests in the state upon

the commission of the act giving rise to forfeiture under this chapter. Any property that is

subsequently transferred to any person may be the subject of a special verdict of forfeiture and after

this shall be ordered forfeited to the state, unless the transferee establishes in a hearing pursuant to

subsection (f) of this section that he or she is a bona fide purchaser for value of the property who

at the time of purchase was reasonably without cause to believe that the property was subject for

forfeiture.

     (f) Procedures subsequent to the special verdict of forfeiture shall be as follows:

     (1) Following the entry of an order of forfeiture under this section, the state shall publish

notice of the order and of its intent to dispose of the property once per week for at least three (3)

weeks in the manner that the attorney general may provide by regulation. The attorney general shall

also, to the extent practicable, provide written notice to all parties known to have an interest in the

property and all parties whose identity is reasonably subject to discovery and who may have an

interest in the forfeited property.

     (2) Any person, other than the defendant, asserting any interest in property that has been

ordered forfeited to the state pursuant to this section may, within one hundred eighty (180) days of

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the final publication of notice or his or her receipt of notice under subdivision (1) of this subsection,

whichever is earlier, petition the court for a hearing to adjudicate the validity of his or her alleged

interest in the property.

     (3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth

the nature and extent of the petitioner's right, title, or interest in the property; and additional facts

supporting the petitioner's claim; and the relief sought.

     (4) The hearing on the petition shall, to the extent practicable and consistent with the

interest of justice, be held within thirty (30) days of the filing of the petition. The court may

consolidate the hearing on the petition with a hearing on any other petition filed by a person other

than the defendant and concerning the same property.

     (5) At a hearing, the petitioner may testify and present evidence and witnesses on his own

behalf, and cross-examine witnesses who appear at the hearing. The state may present evidence

and witnesses in rebuttal and in defense of its claim to the property and cross-examine witnesses

who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court

shall consider the relevant portions of the record of the criminal case that resulted in the order of

forfeiture.

     (6) In accordance with its findings at the hearing, the court shall amend the order of

forfeiture if it determines that the petitioner has established by a preponderance of the evidence

that:

     (i) The petitioner has a right, title, or interest in the property, and the right, title or interest

was vested in the petitioner rather than the defendant or was superior to any right, title, or interest

of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the

property under this section; or

     (ii) The petitioner is a bona fide purchaser for value of any right, title, or interest in the

property and was at the time of purchase reasonably without cause to believe that the property was

subject to forfeiture under this section.

     (7) Following the court's disposition of all petitions filed under this section, or if no such

petitions are filed, following the expiration of the period provided in § 21-28-5.04 for the filing of

the petitions, the state shall have clear title to property that is the subject of the order of forfeiture

and shall transfer good and sufficient title to any subsequent purchaser, transferee, or fund as

provided in this chapter.

     (8) Except as provided in this section, no party claiming an interest in property subject to

forfeiture under this section may:

     (i) Intervene in a trial or appeal of a criminal case involving the forfeiture of the property;

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or

     (ii) Commence any action against the state concerning the validity of the alleged interest.

     (g) In order to facilitate the identification or location of property declared forfeited and to

facilitate the disposition of petitions filed pursuant to § 21-28-5.04 after the entry of an order

declaring forfeited property to the state, the court may, upon application of the attorney general,

order that the testimony of any witness relating to the property forfeited be taken by deposition and

that any designated book, paper, document, record, recording (electronic or otherwise), or other

material not privileged, be produced at the same time and place, in the same manner as provided

for the taking of depositions under the Rules of Civil Procedure.

     (h) If any of the property described in § 21-28-5.04: (1) cannot be located; (2) has been

transferred to, sold to or deposited with a third party; (3) has been placed beyond the jurisdiction

of the court; (4) has been substantially diminished in value by any act or omission of the defendant;

or (5) has been commingled with other property which cannot be divided without difficulty; the

court shall order the forfeiture of any other property of the defendant up to the value of the subject

property.

     (i) The court shall have jurisdiction to enter orders as provided in this section without

regard to the location of any property that may be subject to forfeiture under this section or that has

been ordered forfeited under this section.

     21-28-5.04.2. Civil forfeiture procedure.

     (a) In addition to or in lieu of the criminal forfeiture procedures of this chapter, any property

described in § 21-28-5.04 except as designated in subsection (b) of this section, is subject to civil

forfeiture to the state. Civil forfeiture proceedings shall be in the nature of an action in rem and

shall be governed by the civil rules for in rem proceedings.

     (b) All property described in § 21-28-5.04 is subject to civil forfeiture except that:

     (1) No conveyances used by any person as a common carrier in the transaction of business

as a common carrier shall be forfeited under the provisions of this section unless it appears that the

owner or other person in charge of the conveyance was a consenting party or privy to the covered

offense charged;

     (2) No conveyance shall be forfeited under the provisions of this section by reason of any

act or omission established by the owner of it to have been committed or omitted by any person

other than the owner while the conveyance was unlawfully in the possession of a person other than

the owner in violation of the criminal laws of this state or of the United States; and

     (3) No property shall be forfeited under this section, to the extent of the interest of an

owner, by reason of any act or omission established by that owner to have been committed or

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omitted without knowledge or consent of that owner.

     (c) Property subject to forfeiture under this section may be seized by a law enforcement

officer:

     (1) Upon process issued pursuant to the Rules of Civil Procedure applicable to in rem

proceedings;

     (2) Upon process issued pursuant to a legally authorized search warrant; or

     (3) Without court process when:

     (i) The seizure is incident to a lawful arrest or search;

     (ii) The property subject to seizure has been the subject of a prior judgment in favor of the

state in a controlled substance act;

     (iii) The law enforcement officer has probable cause to believe that the property is directly

or indirectly dangerous to health or safety; or

     (iv) The law enforcement officer has probable cause to believe that the property is

forfeitable under § 21-28-5.04.

     (d) In the event of a seizure under § 21-28-5.04 the property shall not be subject to

sequestration or attachment but is deemed to be in the custody of the law enforcement agency

making the seizure, subject only to the order of the court. When property is seized under this

section, pending forfeiture and final disposition, the law enforcement agency making the seizure

may:

     (1) Place the property under seal;

     (2) Remove the property to a storage area for safekeeping;

     (3) Remove the property to a place designated by the court; or

     (4) Request another agency authorized by law to take custody of the property and remove

it to an appropriate location within the jurisdiction of the court.

     (e) As soon as practicable after seizure, the seizing agency shall conduct an inventory upon

and cause the appraisal of the property seized.

     (f) In the event of a seizure under this section, the seizing agency shall within thirty (30)

days send to the attorney general a written request for forfeiture, which shall include a statement of

all facts and circumstances including the names of all witnesses then known, the appraised value

of the property and the statutory provision relied upon for forfeiture.

     (g) The attorney general shall immediately examine the facts and applicable law of the

cases referred to him or her pursuant to this section, and if it is probable that the property is subject

to forfeiture shall immediately cause the initiation of administrative or judicial proceedings against

the property. If, upon inquiry and examination, the attorney general determines that those

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proceedings probably cannot be sustained or that justice does not require the institution of the

proceedings, he or she shall make a written report of those findings, transmit a copy to the seizing

agency, and immediately authorize the release of the property.

     (h) If the value of any personal property seized does not exceed twenty thousand dollars

($20,000), the attorney general may forfeit the property administratively in the following manner:

     (1) The attorney general shall provide notice of intention to forfeit property

administratively by publication in a local newspaper of general circulation, one day per week for

three (3) consecutive weeks.

     (2) In addition, to the extent practicable, the attorney general shall provide notice by

registered mail of intent to forfeit the property administratively to all known interested parties and

all parties whose identity is reasonably subject to discovery who may have an interest in the

property seized.

     (3) Notice by publication and by mail shall include:

     (i) A description of the property;

     (ii) The appraised value of the property;

     (iii) The date and place of seizure;

     (iv) The violation of law alleged against the subject property;

     (v) The instructions for filing claim and cost bond or a petition for remission or mitigation;

and

     (vi) A notice that the property will be forfeited to the state if a petition for remission or

mitigation or a claim and cost bond has not been timely filed.

     (4) Persons claiming an interest in the property may file petitions for remission or

mitigation of forfeiture or a claim and cost bond with the attorney general within thirty (30) days

of the final notice by publication or receipt of written notice, whichever is earlier.

     (5) The attorney general shall inquire into the facts and circumstances surrounding petitions

for remission or mitigation of forfeiture.

     (6) The attorney general shall provide the seizing agency and the petitioner a written

decision on each petition for remission or mitigation within sixty (60) days of receipt of the petition

unless the circumstances of the case require additional time, in which case the attorney general

shall notify the petitioner in writing and with specificity within the sixty (60) day period that the

circumstances of the case require additional time and further notify the petitioner of the expected

decision date.

     (7) Any person claiming seized property under this subsection may institute de novo

judicial review of the seizure and proposed forfeiture by timely filing with the attorney general a

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claim and bond to the state in the amount of ten percent (10%) of the appraised value of the property

or in the penal sum of two hundred fifty dollars ($250), whichever is greater, with sureties to be

approved by the attorney general, upon condition that in the case of forfeiture the claimant shall

pay all costs and expenses of the proceedings at the discretion of the court. Upon receipt of the

claim and bond, or if he or she elects, the attorney general shall file with the court a complaint in

rem in accordance with the procedures set forth in this section. Any funds received by the attorney

general as cost bonds shall be placed in an escrow account pending final disposition of the case.

     (8) If no petitions or claims with bonds are timely filed, the attorney general shall prepare

a written declaration of forfeiture of the subject property to the state and dispose of the property in

accordance with this chapter.

     (9) If the petition is denied, the attorney general shall prepare a written declaration of

forfeiture to the state and dispose of the property in accordance with this chapter and the attorney

general's regulations, if any, pursuant to this chapter.

     (10) A written declaration of forfeiture signed by the attorney general pursuant to this

chapter shall be deemed to provide good and sufficient title to the forfeited property.

     (i) If the value of any personal property seized exceeds twenty thousand dollars ($20,000),

the attorney general shall file a complaint in rem against the property within twenty (20) days of

the receipt of the report referred to in subsection (f) of this section and after this provide notice of

intention to forfeit by publication in a local newspaper of general circulation for a period of at least

once per week for three (3) consecutive weeks. The notice shall include:

     (1) A description of the property;

     (2) The appraised value of the property;

     (3) The date and place of seizure;

     (4) The violation of law alleged against the subject property.

     (j) (1) The case may be tried by a jury, if in the superior court, upon the request of either

party, otherwise by the court, and the cause of forfeiture alleged being proved, the court which shall

try the case shall enter upon judgment for the forfeiture and disposition of the property according

to law.

     (2) An appeal may be claimed by either party from any judgment of forfeiture rendered by

the district court, to be taken in like manner as by defendants in criminal cases within the

jurisdiction of the district court to try and determine, to the superior court for the same county in

which the division of the district court rendering judgment is situated and like proceedings may be

had therein as in cases of informations for forfeitures originally filed in that court.

     (3) The judgment of the superior court shall be final in all cases of the forfeitures, whether

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originally commenced in that court or brought there by appeal, unless a new trial is ordered, for

cause shown by the supreme court.

     (k) The in rem action shall be brought in the district court if the value of the property seized

is less than two hundred fifty thousand dollars ($250,000), otherwise the in rem action shall be

brought in the superior court. The attorney general shall also, to the extent practicable, provide

written notice of the action in rem to all known interested parties and all persons whose identity is

reasonably subject to discovery who may have an interest in the property.

     (l) Persons claiming an interest in the property may file claims against the property within

thirty (30) days of the final notice by publication or receipt of written notice, whichever is earlier.

The claims shall be filed and adjudicated in the manner set forth for petitions in criminal

proceedings in § 21-28-5.04.1(f).

     (m) If the property sought to be forfeited is real property, the attorney general shall file a

complaint in rem in the superior court against the property. In addition to providing notice as

required by this chapter, the attorney general shall file a lis pendens with respect to the property

with the recorder of deeds in the city or town in which the property is located.

     (n) Upon order of the court forfeiting the subject property to the state, the state shall have

clear title to the forfeited property, and the attorney general may transfer good and sufficient title

to any subsequent purchaser or transferee. Title to the forfeited property shall be deemed to have

vested in the state upon the commission of the act giving rise to the forfeiture under this chapter.

     (o) Upon entry of judgment for the claimant in any proceeding to forfeit property under

this chapter, the property shall immediately be returned to the claimant. If it appears that there was

reasonable cause for the seizure or the filing of the complaint, the court shall cause a proper

certificate of that to be entered, and the claimant shall not, in that case, be entitled to costs or

damages, nor shall the person or agency who made the seizure, nor the attorney general nor the

prosecutor, be liable to suit or judgment on account of the seizure, suit, or prosecution.

     (p) In any action brought under this section, the state shall have the initial burden of

showing the existence of probable cause for seizure or arrest of the property. Upon that showing

by the state, the claimant shall have the burden of showing by a preponderance of evidence that the

property was not subject to forfeiture under this section.

     SECTION 3. Title 12 of the General Laws entitled "CRIMINAL PROCEDURE" is hereby

amended by adding thereto the following chapter:

CHAPTER 33

FORFEITURE ACT

     12-33-1. Short title.

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     This chapter shall be known and may be cited as the "Forfeiture Act."

     12-33-2. Legislative purpose.

     (a) The purpose of this chapter is to:

     (1) Make uniform the standards and procedures for the seizure and forfeiture of property

subject to forfeiture;

     (2) Protect the constitutional rights of persons whose property is subject to forfeiture and

of innocent owners holding interests in property subject to forfeiture;

     (3) Deter criminal activity by reducing its economic incentives;

     (4) Increase the pecuniary loss from criminal activity;

     (5) Protect against the wrongful forfeiture of property; and

     (6) Ensure that only criminal forfeiture is allowed in this state.

     (b) The provisions of this chapter:

     (1) Apply to seizures, forfeitures and dispositions of property subject to forfeiture pursuant

to laws that specifically apply this chapter; and

     (2) Does not apply to contraband, which is subject to seizure pursuant to applicable laws,

but is not subject to forfeiture pursuant to this chapter.

     12-33-3. Definitions.

     As used in this chapter:

     (1) "Abandoned property":

     (i) Means personal property the rights to which and the control of which an owner has

intentionally relinquished; and

     (ii) Does not mean real property;

     (2) "Actual knowledge" means a direct and clear awareness of information, a fact or a

condition;

     (3) "Contraband" means goods that may not be lawfully imported, exported or possessed,

including drugs that are listed in Schedule I, II, III, IV or V of the Uniform Controlled Substances

Act and that are possessed without a valid prescription;

     (4) "Conveyance" means a device used for transportation and:

     (i) Includes a motor vehicle, trailer, snowmobile, airplane, vessel and any equipment

attached to the conveyance; but

     (ii) Does not include property that is stolen or taken in violation of a law;

     (5) "Conviction" or "convicted" means that a person has been found guilty of a crime in a

trial court whether by a plea of guilty or nolo contendere or otherwise and whether the sentence is

deferred or suspended;

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     (6) "Crime" means a violation of a criminal statute for which property of the offender is

subject to seizure and forfeiture;

     (7) "Instrumentality" means all property that is otherwise lawful to possess that is used in

the furtherance or commission of an offense to which forfeiture applies and includes land, a

building, a container, a conveyance, equipment, materials, a product, a computer, computer

software, a telecommunications device, a firearm, ammunition, a tool, money, a security and a

negotiable instrument and other devices used for exchange of property;

     (8) "Law enforcement agency" means the employer of a law enforcement officer that is

authorized to seize or has seized property pursuant to this chapter;

     (9) "Law enforcement officer" means:

     (i) A state or municipal police officer, environmental police officer, or other state employee

authorized by state law to enforce criminal statutes; but

     (ii) Shall not mean a correctional officer;

     (10) "Owner" means a person who has a legal or equitable ownership interest in property;

     (11) "Property" means tangible or intangible personal property or real property;

     (12) "Property subject to forfeiture" means property or an instrumentality described and

declared to be subject to forfeiture pursuant to this chapter or a state law; and

     (13) "Secured party" means a person with a security or other protected interest in property,

whether the interest arose by mortgage, security agreement, lien, lease or otherwise; the purpose of

which interest is to secure the payment of a debt or protect a potential debt owed to the secured

party.

     12-33-4. Forfeiture -- Conviction required -- Seizure of property -- With process --

Without process.

     (a) A person's property is subject to forfeiture if:

     (1) The person was arrested for an offense to which forfeiture applies;

     (2) The person is convicted by a criminal court of the offense; and

     (3) The state establishes by clear and convincing evidence that the property is subject to

forfeiture as provided in subsection (b) of this section.

     (b) Following a person's conviction for an offense to which forfeiture applies, a court may

order the person to forfeit:

     (1) Property the person acquired through commission of the offense;

     (2) Property directly traceable to property acquired through the commission of the offense;

and

     (3) Any instrumentality the person used in the commission of the offense.

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     (c) Nothing in this section shall prevent property from being forfeited by the terms of a

plea agreement that is approved by a court or by other agreement of the parties to a criminal

proceeding.

     (d) Subject to the provisions of § 12-33-5 at any time, at the request of the state, a court

may issue an ex parte preliminary order to seize property that is subject to forfeiture and for which

forfeiture is sought and to provide for the custody of the property. The execution on the order to

seize the property and the return of the property, if applicable, are subject to this chapter and other

applicable state laws. Before issuing an order pursuant to this subsection, the court shall make a

determination that:

     (1) There is a substantial probability that:

     (i) The property is subject to forfeiture;

     (ii) The state will prevail on the issue of forfeiture; and

     (iii) Failure to enter the order will result in the property being destroyed, removed from the

state or otherwise made unavailable for forfeiture; and

     (2) The need to preserve the availability of the property through the entry of the requested

order outweighs the hardship to the owner and other parties known to be claiming interests in the

property.

     (e) Property subject to forfeiture may be seized at any time, without a prior court order, if:

     (1) The seizure is incident to a lawful arrest for a crime or a search lawfully conducted

pursuant to a search warrant and the law enforcement officer making the arrest or executing the

search has probable cause to believe the property is subject to forfeiture and that the subject of the

arrest or search warrant is an owner of the property;

     (2) The property subject to seizure is the subject of a previous judgment in favor of the

state; or

     (3) The law enforcement officer making the seizure has probable cause to believe the

property is subject to forfeiture and that the delay occasioned by the need to obtain a court order

would result in the removal or destruction of the property or otherwise frustrate the seizure.

     12-33-5. Receipt for seized property -- Replevin hearing.

     (a) When a law enforcement officer seizes property that is subject to forfeiture, the officer

shall provide an itemized receipt to the person possessing the property or, in the absence of a person

to whom the receipt could be given, shall leave the receipt in the place where the property was

found, if possible.

     (b) Following the seizure of property, the defendant in the related criminal matter or

another person who claims an interest in seized property may, at any time before sixty (60) days

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prior to a related criminal trial, claim an interest in seized property by a motion to the court to issue

a writ of replevin. A motion filed pursuant to this section shall include facts to support the person's

alleged interest in the property.

     (c) A person who makes a timely motion pursuant to this section shall have a right to a

hearing on the motion before the resolution of any related criminal matter or forfeiture proceeding

and within thirty (30)days of the date on which the motion is filed.

     (d) At least ten (10) days before a hearing on a motion filed pursuant to this section, the

state shall file an answer or responsive motion that shows probable cause for the seizure.

     (e) A court shall grant a claimant's motion if the court finds that:

     (1) It is likely that the final judgment will require the state to return the property to the

claimant;

     (2) The property is not reasonably required to be held for investigatory reasons; or

     (3) The property is the only reasonable means for a defendant to pay for legal representation

in a related criminal or forfeiture proceeding.

     (f) In its discretion, the court may order the return of funds or property sufficient to obtain

legal counsel but less than the total amount seized, and it may require an accounting.

     (g) In lieu of ordering the issuance of the writ of replevin, a court may order:

     (1) The state to give security or written assurance for satisfaction of any judgment,

including damages, that may be rendered in a related forfeiture action; or

     (2) Any other relief the court deems to be just.

     12-33-6. Complaint of forfeiture -- Service of process.

     (a) Within thirty (30) days of making a seizure of property or simultaneously upon filing a

related criminal indictment, the state shall file a complaint of ancillary forfeiture proceedings or

return the property to the person from whom it was seized. A complaint of ancillary forfeiture

proceedings shall include:

     (1) A description of the property seized;

     (2) The date and place of seizure of the property;

     (3) The name and address of the law enforcement agency making the seizure;

     (4) The specific statutory and factual grounds for the seizure;

     (5) Whether the property was seized pursuant to an order of seizure, and if the property

was seized without an order of seizure, an affidavit from a law enforcement officer stating the legal

and factual grounds why an order of seizure was not required; and

     (6) In the complaint caption and in the complaint, the names of persons known to the state

who may claim an interest in the property and the basis for each person's alleged interest.

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     (b) The complaint shall be served upon the person from whom the property was seized, the

person's attorney of record and all persons known or reasonably believed by the state to claim an

interest in the property. A copy of the complaint shall also be published at least three (3) times in a

newspaper of general circulation in the district of the court having jurisdiction or on the sunshine

portal until the forfeiture proceeding is resolved.

     12-33-7. Forfeiture proceedings -- Determination -- Substitution of property --

Constitutionality-- Appeal.

     (a) A person who claims an interest in seized property shall file an answer to the complaint

of forfeiture within thirty (30) days of the date of service of the complaint. The answer shall include

facts to support the claimant's alleged interest in the property.

     (b) The district courts have jurisdiction over forfeiture proceedings, and venue for a

forfeiture proceeding is in the same court in which venue lies for the criminal matter related to the

seized property.

     (c) The forfeiture proceeding shall begin after the conclusion of the trial for the related

criminal matter in an ancillary proceeding that relates to a defendant's property before the same

judge and jury, if applicable, and the court, and the jury, if applicable, may consider the forfeiture

of property seized from other persons at the same time or in a later proceeding. If the criminal

defendant in the related criminal matter is represented by the office of the public defender, the

Rhode Island Public Defender may authorize department representation of the defendant in the

forfeiture proceeding.

     (d) Discovery conducted in an ancillary forfeiture proceeding is subject to the rules of

criminal procedure.

     (e) An ancillary forfeiture proceeding that relates to the forfeiture of property valued at less

than twenty thousand dollars ($20,000) shall be held before a judge only.

     (f) If the state fails to prove, by clear and convincing evidence, that a person whose property

is alleged to be subject to forfeiture is an owner of the property:

     (1) The forfeiture proceeding shall be dismissed and the property shall be delivered to the

owner, unless the owner's possession of the property is illegal; and

     (2) The owner shall not be subject to any charges by the state for storage of the property or

expenses incurred in the preservation of the property.

     (g) The court shall enter a judgment of forfeiture and the seized property shall be forfeited

to the state if the state proves by clear and convincing evidence that:

     (1) The property is subject to forfeiture;

     (2) The criminal prosecution of the owner of the seized property resulted in a conviction;

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and

     (3) The value of the property to be forfeited does not unreasonably exceed:

     (i) The pecuniary gain derived or sought to be derived by the crime;

     (ii) The pecuniary loss caused or sought to be caused by the crime; or

     (iii) The value of the convicted owner's interest in the property.

     (h) A court shall not accept a plea agreement or other arrangement by which a defendant

contributes or donates property to a person, charity or other organization in full or partial fulfillment

of responsibility established in the court's proceeding.

     (i) Following a person's conviction, the state may make a motion for forfeiture of substitute

property owned by the person that is equal to but does not exceed the value of property that is

subject to forfeiture but that the state is unable to seize. The court shall order the forfeiture of

substitute property only if the state proves by a preponderance of the evidence that the person

intentionally transferred, sold or deposited property with a third party to avoid the court's

jurisdiction and the forfeiture of the property.

     (j) A person is not jointly and severally liable for orders for forfeiture of another person's

property. When ownership of property is unclear, a court may order each person to forfeit the

person's property on a pro rata basis or by another means the court deems equitable.

     (k) At any time following the conclusion of a forfeiture proceeding, the person whose

property was forfeited may petition the court to determine whether the forfeiture was

unconstitutionally excessive pursuant to the state or federal constitution.

     (l) At a non-jury hearing on the petition, the petitioner has the burden of establishing by a

preponderance of the evidence that the forfeiture was grossly disproportional to the seriousness of

the criminal offense for which the person was convicted.

     (m) In determining whether the forfeiture is unconstitutionally excessive, the court may

consider all relevant factors, including:

     (1) The seriousness of the criminal offense and its impact on the community, the duration

of the criminal activity and the harm caused by the defendant;

     (2) The extent to which the defendant participated in the offense;

     (3) The extent to which the property was used in committing the offense;

     (4) The sentence imposed for the commission of the crime that relates to the property that

is subject to forfeiture; and

     (5) Whether the criminal offense was completed or attempted.

     (n) In determining the value of the property subject to forfeiture, the court may consider

relevant factors, including the:

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     (1) Fair market value of the property;

     (2) Value of the property to the defendant, including hardship that the defendant will suffer

if the forfeiture is realized; and

     (3) Hardship from the loss of a primary residence, motor vehicle or other property to the

defendant's family members or others if the property is forfeited.

     (o) The court shall not consider the value of the property to the state when it determines

whether the forfeiture of property is constitutionally excessive.

     (p) A party to a forfeiture proceeding may appeal a district court's decision regarding the

seizure, forfeiture and distribution of property pursuant to this chapter.

     12-33-8. Title to seized property -- Disposition of forfeited property and proceeds.

     (a) The state acquires provisional title to seized property at the time the property was used

or acquired in connection with an offense that subjects the property to forfeiture. Provisional title

authorizes the state to hold and protect the property. Title to the property shall vest with the state

when a trier of fact renders a final forfeiture verdict and the title relates back to the time when the

state acquired provisional title; provided, that the title is subject to claims by third parties that are

adjudicated pursuant to this chapter.

     (b) Unless possession of the property is illegal or a different disposition is specifically

provided for by law and except as provided in this section, forfeited property that is not currency

shall be delivered along with any abandoned property to the state treasurer for disposition at a

public auction. Forfeited currency and all sale proceeds of the sale of forfeited or abandoned

property shall be deposited in the general fund.

     (c) Proceeds from the sale of forfeited property received by the state from another

jurisdiction shall be deposited in the general fund.

     (d) A property interest forfeited to the state pursuant to this chapter is subject to the interest

of a secured party unless, in the forfeiture proceeding, the state proves by clear and convincing

evidence that the secured party had actual knowledge of the crime that relates to the seizure of the

property.

     12-33-8.1. Innocent owners.

     (a) The property of an innocent owner, as provided in this section, shall not be forfeited.

     (b) A person who claims to be an innocent owner has the burden of production to show

that the person:

     (1) Holds a legal right, title or interest in the property seized; and

     (2) Held an ownership interest in the seized property at the time the illegal conduct that

gave rise to the seizure of the property occurred or was a bona fide purchaser for fair value.

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     (c) The state shall immediately return property to an established innocent owner who has

an interest in homesteaded property, a motor vehicle valued at less than ten thousand dollars

($10,000) or a conveyance that is encumbered by a security interest that was perfected pursuant to

state law or that is subject to a lease or rental agreement, unless the secured party or lessor had

actual knowledge of the criminal act upon which the forfeiture was based.

     (d) If a person establishes that the person is an innocent owner pursuant to § 12-33-8.1(b)

and the state pursues a forfeiture proceeding with respect to that person's property, other than

property described in § 12-33-8(d), to successfully forfeit the property, the state shall prove by clear

and convincing evidence that the innocent owner had actual knowledge of the underlying crime

giving rise to the forfeiture.

     (e) A person who acquired an ownership interest in property subject to forfeiture after the

commission of a crime that gave rise to the forfeiture and who claims to be an innocent owner has

the burden of production to show that the person has legal right, title or interest in the property

seized under this section.

     (f) If a person establishes that the person is an innocent owner as provided in subsection

(b) of this section and the state pursues a forfeiture proceeding against the person's property, to

successfully forfeit the property, the state shall prove by clear and convincing evidence that at the

time the person acquired the property, the person:

     (1) Had actual knowledge that the property was subject to forfeiture; or

     (2) Was not a bona fide purchaser who was without notice of any defect in title and who

gave valuable consideration.

     (g) If the state fails to meet its burdens as provided in subsections (c) and (d) of this section,

the court shall find that the person is an innocent owner and shall order the state to relinquish all

claims of title to the innocent owner's property.

     12-33-9. Safekeeping of seized property pending disposition -- Selling or retaining

seized property prohibited.

     (a) Seized currency alleged to be subject to forfeiture shall be deposited with the clerk of

the district court in an interest-bearing account.

     (b) Seized property other than currency or real property, not required by federal or state

law to be destroyed, shall be:

     (1) Placed under seal; and

     (2) Removed to a place designated by the district court; or

     (3) Held in the custody of a law enforcement agency.

     (c) Seized property shall be kept by the custodian in a manner to protect it from theft or

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damage and, if ordered by the district court, insured against those risks.

     (d) A law enforcement agency shall not retain forfeited or abandoned property.

     12-33-10. Reporting.

     (a) Every law enforcement agency shall prepare an annual report of the agency's seizures

and forfeitures conducted pursuant to the forfeiture act, and seizures and forfeitures conducted

pursuant to federal forfeiture law, and the report shall include:

     (1) The total number of seizures of currency and the total amount of currency seized in

each seizure;

     (2) The total number of seizures of property and the number and types of items seized in

each seizure;

     (3) The market value of each item of property seized; and

     (4) The total number of occurrences of each class of crime that resulted in the agency's

seizure of property.

     (b) A law enforcement agency shall submit its annual reports to the department of public

safety and to the district attorney's office in the agency's district. An agency that did not engage in

seizure or forfeiture pursuant to the forfeiture act or federal forfeiture law, or both, shall report that

fact in its annual report.

     (c) The department of public safety shall compile the reports submitted by each law

enforcement agency and issue an aggregate report of all forfeitures in the state.

     (d) By April 1 of each year, the department of public safety shall publish on its website the

department's aggregate report and individual law enforcement agency reports submitted for the

previous year.

     12-33-11. Return of property -- Damages -- Costs.

     (a) A law enforcement agency that holds seized property shall return the seized property to

the owner of the property within a reasonable period of time that does not exceed five (5) days

after:

     (1) A court finds that a person had a bona fide security interest in the property;

     (2) A court finds that the owner was an innocent owner;

     (3) The acquittal of or dismissal of related criminal charges against the owner of the

property; or

     (4) The disposal of the criminal charge that was the basis of the forfeiture proceedings by

nolle prosequi.

     (b) A law enforcement agency that holds seized property is responsible for any damages,

storage fees and related costs applicable to property that is returned to an owner pursuant to this

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section.

     12-33-12. Transfer of forfeitable property to the federal government.

     (a) A law enforcement agency shall not directly or indirectly transfer seized property to a

federal law enforcement authority or other federal agency unless:

     (1) The value of the seized property exceeds fifty thousand dollars ($50,000), excluding

the potential value of the sale of contraband; and

     (2) The law enforcement agency determines that the criminal conduct that gave rise to the

seizure is interstate in nature and sufficiently complex to justify the transfer of the property; or

     (3) The seized property may only be forfeited under federal law.

     (b) The law enforcement agency shall not transfer property to the federal government if the

transfer would circumvent the protections of the forfeiture act that would otherwise be available to

a putative interest holder in the property.

     12-33-13. Permit required for excavation of archaeological sites -- Penalty.

     (a) It is unlawful for a person or the person's agent or employee to excavate with the use of

mechanical earthmoving equipment an archaeological site for the purpose of collecting or removing

objects of antiquity if the archaeological site is located on private land in this state, unless the person

has first obtained a permit issued pursuant to the provisions of this section for the excavation. As

used in this section, "archaeological site" means a location where there exists material evidence of

the past life and culture of human beings in this state but excludes the sites of burial of human

beings.

     (b) Permits for excavation pursuant to subsection (a) of this section may be issued by the

committee upon approval by the state archaeologist and the state historic preservation officer if the

applicant:

     (1) Submits written authorization for the excavation from the owner of the land;

     (2) Furnishes satisfactory evidence of being qualified to perform the archaeological

excavation by experience, training and knowledge;

     (3) Submits a satisfactory plan of excavation for the archaeological site and states in the

plan the method by which excavation will be undertaken; and

     (4) Agrees in writing, upon the completion of the excavation, to submit a summary report

to the committee of the excavation, which report shall contain relevant maps, documents, drawings

and photographs, together with a description of the archaeological specimens removed as a result

of the excavation. Failure to file the summary report shall be grounds for refusing issuance of a

future permit to the person.

     (c) All archaeological specimens collected or removed from the archaeological site as a

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result of excavation pursuant to subsections (a) and (b) of this section shall be the property of the

person owning the land on which the site is located.

     (d) Nothing in this section shall be deemed to limit or prohibit the use of the land on which

the archaeological site is located by the owner of the land or to require the owner to obtain a permit

for personal excavation on the owner's own land; provided, that no transfer of ownership is made

with the intent of excavating archaeological sites as prohibited in this section; and provided further,

that this exemption does not apply to marked or unmarked burial grounds.

     (e) A person convicted of violating the provisions of this section is guilty of a misdemeanor

and shall be punished by a fine not to exceed one thousand dollars ($1,000) and, in accordance with

the provisions of the forfeiture act, shall forfeit to the state all equipment used in committing the

violation for which the person is convicted.

     12-33-14. Permit required for excavation of unmarked burials -- Penalty.

     (a) Each human burial in the state interred in any unmarked burial ground is accorded the

protection of law and shall receive appropriate and respectful treatment and disposition.

     (b) A person who knowingly, willfully and intentionally excavates, removes, disturbs or

destroys any human burial buried, entombed or sepulchered in any unmarked burial ground in the

state, or any person who knowingly, willfully and intentionally procures or employs any other

person to excavate, remove, disturb or destroy any human burial buried, entombed or sepulchered

in any unmarked burial ground in the state, except by authority of a permit issued by the state

medical investigator or by the committee with the concurrence of the state archaeologist and state

historic preservation officer, is guilty of a fourth degree felony and shall be punished by a fine not

to exceed five thousand dollars ($5,000) or by imprisonment for a definite term of eighteen months

or both. The offender shall upon conviction forfeit to the state all objects, artifacts and human

burials excavated or removed from an unmarked burial ground in violation of this section, and any

proceeds from the sale by the offender of any of the foregoing shall also be forfeited. The provisions

of the forfeiture act shall apply to a forfeiture provided for in this section. As used in this section:

     (1) "Unmarked burial ground" means a location where there exists a burial of any human

being that is not visibly marked on the surface of the ground in any manner traditionally or

customarily used for marking burials and includes any funerary object, material object or artifact

associated with the burial; and

     (2) "Human burial" means a human body or human skeletal remains and includes any

funerary object, material object or artifact buried, entombed or sepulchered with that human body

or skeletal remains.

     (c) Any person who discovers a human burial in any unmarked burial ground shall cease

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any activity that may disturb that burial or any object or artifact associated with that burial and shall

notify the local law enforcement agency having jurisdiction in the area. The local law enforcement

agency shall notify the state medical investigator and the state historic preservation officer.

     (d) The state medical investigator may, consistent with the statutes governing medical

investigations, have authority over or take possession of any human burial discovered in the state,

in which case the provisions of subsections (e) and (f) of this section shall not apply.

     (e) Permits for excavation of a human burial discovered in an unmarked burial ground shall

be issued by the committee within sixty (60) days of receipt of application when the applicant:

     (1) Submits written authorization for that excavation from the owner of the land on which

the human burial is located or the applicant is the owner of the land;

     (2) Demonstrates appropriate efforts to determine the age of the human burial and to

identify and consult with any living person who may be related to the human burial interred in the

unmarked burial ground;

     (3) Complies with permit procedures and requirements established by regulations

authorized in this section to ensure the complete removal of the human burial and the collection of

all pertinent scientific information in accordance with proper archaeological methods; and

     (4) Provides for the lawful disposition or reinterment of the human burial either in the

original or another appropriate location and of any objects or artifacts associated with that human

burial, consistent with regulations issued by the state historic preservation officer, except that the

committee shall not require, as a condition of issuance of a permit, reinterment or disposition, any

action that unduly interferes with the owner's use of the land.

     (f) Permits for the excavation of any human burial discovered in the course of construction

or other land modification may be issued by the committee with the concurrence of the state

archaeologist and the state historic preservation officer on an annual basis to professional

archaeological consultants or organizations.

     (g) Except when the committee requires as a condition of the permit that any object or

artifact associated with a human burial be reinterred or disposed of with that burial, that object or

artifact shall be the property of the person owning the land on which that burial is located.

     (h) Any object or artifact and any human burial excavated or removed from an unmarked

burial ground in violation of this section shall be forfeited to the state and shall be lawfully disposed

of or reinterred in accordance with regulations issued by the state historic preservation officer;

provided that no object or artifact so forfeited shall ever be sold by the state; and provided further

that any object or artifact removed from the land without the owner's consent and in violation of

this section shall be returned to the lawful owner consistent with subsection (g) of this section.

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     (i) The state historic preservation officer shall issue regulations with the concurrence of the

state medical investigator for the implementation of this section.

     12-33-15. Forfeitures -- Property subject.

     (a) The following are subject to the provisions of this chapter;

     (1) All equipment, devices or articles that have been produced, reproduced, manufactured,

distributed, dispensed or acquired in violation of the unauthorized recording act;

     (2) All devices, materials, products and equipment of any kind that are used or intended

for use in producing, reproducing, manufacturing, processing, delivering, importing or exporting

any item set forth in and in violation of the unauthorized recording act;

     (3) All books, business records, materials and other data that are used or intended for use

in violation of the unauthorized recording act; and

     (4) Money or negotiable instruments that are the fruit or instrumentality of the crime.

     (5) All raw materials, products and equipment of any kind, including firearms that are used

or intended for use in manufacturing, compounding, processing, delivering, importing or exporting

any controlled substance or controlled substance analog in violation of the uniform controlled

substances act;

     (6) All property that is used or intended for use as a container for property described in

subsection (a) of this section;

     (7) All conveyances, including aircraft, vehicles or vessels that are used or intended for use

to transport or in any manner to facilitate the transportation for the purpose of sale of property

described in subsection (a)(1) of this section;

     (8) All books, records and research products and materials, including formulas, microfilm,

tapes and data that are used or intended for use in violation of the uniform controlled substances

act;

     (9) Narcotics paraphernalia or money that is a fruit or instrumentality of the crime;

     (10) Notwithstanding subsection (a)(3) of this section and the provisions of this chapter:

     (i) A conveyance used by a person as a common carrier in the transaction of business as a

common carrier shall not be subject to forfeiture pursuant to this section unless it appears that the

owner or other person in charge of the conveyance is a consenting party or privy to a violation of

the uniform controlled substances act;

     (ii) A conveyance shall not be subject to forfeiture pursuant to this section by reason of an

act or omission established for the owner to have been committed or omitted without the owner's

knowledge or consent;

     (iii) A conveyance is not subject to forfeiture for a violation of law the penalty for which

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is a misdemeanor; and

     (iv) A forfeiture of a conveyance encumbered by a bona fide security interest shall be

subject to the interest of a secured party if the secured party neither had knowledge of nor consented

to the act or omission; and

     (11) All drug paraphernalia as defined in § 21-28.5-1.

     12-33-17. Forfeiture -- Procedure.

     The provisions of this chapter apply to the seizure, forfeiture and disposal of property

subject to forfeiture and disposal pursuant to the uniform controlled substances act.

     12-33-18. Forfeiture -- Additional property subject to forfeiture.

     (a) All raw materials, products and equipment of any kind that are used in the

manufacturing, compounding or processing of any imitation controlled substance in violation of

the imitation controlled substances act;

     (b) All property that is used or intended for use as a container for property described in

subsection (a) of this section; and

     (c) All books, records and research products and materials, including formulas, microfilm,

tapes and data that are used or intended for use as limitations in violation of this chapter.

     12-33-19. Prohibited activities -- Penalties.

     (a) It is unlawful for a person who has received proceeds derived, directly or indirectly,

from a pattern of racketeering activity in which the person has participated, to use or invest, directly

or indirectly, any part of the proceeds or the proceeds derived from the investment or use in the

acquisition of an interest in, or the establishment or operation of, an enterprise. Whoever violates

this subsection is guilty of a second degree felony.

     (b) It is unlawful for a person to engage in a pattern of racketeering activity in order to

acquire or maintain, directly or indirectly, an interest in or control of an enterprise. Whoever

violates this subsection is guilty of a second degree felony.

     (c) It is unlawful for a person employed by or associated with an enterprise to conduct or

participate, directly or indirectly, in the conduct of the enterprise's affairs by engaging in a pattern

of racketeering activity. Whoever violates this subsection is guilty of a second degree felony.

     (d) It is unlawful for a person to conspire to violate the provisions of subsections (a) through

(c) of this section. Whoever violates this subsection is guilty of a third degree felony.

     (e) Whoever is convicted of a violation of subsection (a), (b), (c) or (d) of this section in

addition to the prescribed penalties shall forfeit to the state of Rhode Island:

     (1) Any interest acquired or maintained in violation of the racketeering act; and

     (2) Any interest in, security of, claim against or property or contractual right of any kind

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affording a source of influence over an enterprise that the person has established, operated,

controlled, conducted or participated in the conduct of in violation of chapter 15 of title 7.

     (f) The provisions of the forfeiture act apply to the seizure, forfeiture and disposal of

property described in subsection (e) of this section.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FOOD AND DRUGS -- UNIFORM CONTROLLED SUBSTANCES ACT

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     This act would provide for standardized procedures for asset forfeitures across all crimes.

     This act would take effect upon passage.

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