31-27-2. Purpose of act; applicability; no additional remedies.
255 words·~1 min read·
/nm/chapter-31-criminal-procedure/article-27-forfeiture/31-27-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. The purposes of the Forfeiture Act are 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 and only pursuant to state law.
B. The Forfeiture Act:
(1)applies to all seizures, forfeitures and dispositions of property subject to forfeiture pursuant to laws that specifically apply the Forfeiture Act in this state; and
(2)does not apply to:
(a)contraband, which is subject to seizure pursuant to applicable state laws, but is not subject to forfeiture pursuant to the Forfeiture Act;
(b)animals that are subject to seizure, impoundment, alteration, permanent removal from custody or destruction for animal welfare, public health and safety or compliance and enforcement purposes pursuant to applicable state and local laws;
(c)real property or personal property that is located on that real property that is subject to destruction pursuant to state and local laws to protect public health and safety; and
(d)forfeiture that results from a lien for charges or assessments that are provided for or fixed by state or local laws.
History: Laws 2002, ch. 4, § 2; 2015, ch. 152, § 2; 2019, ch. 133, § 1.