31-27-5. Notice of intent to forfeit; service of process.
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/nm/chapter-31-criminal-procedure/article-27-forfeiture/31-27-5·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A. Within thirty days of making a seizure of property or simultaneously upon filing a related criminal indictment, the state shall file a notice of intent to forfeit or return the property to the person from whom it was seized. The notice 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 notice, 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.
B. The notice 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 notice shall also be published on the sunshine portal until the forfeiture proceeding is resolved.
History: Laws 2002, ch. 4, § 5; 2015, ch. 152, § 6; 2019, ch. 133, § 5.