(a) Real or personal property seized by a state or local law enforcement officer who is attached to, deputized or commissioned by, or working in conjunction with a federal agency remains subject to the provisions of this section.
(b) (1) When real or personal property is seized for forfeiture by a law enforcement agency, the seizing law enforcement officer shall prepare and sign a confiscation report.(2) (A) The person from whom the real or personal property is seized shall sign the confiscation report if present and shall immediately receive a copy of the confiscation report.(B) If the person refuses to sign the confiscation report, the confiscation report shall be signed by one (1) additional law enforcement officer, stating that the person refused to sign the confiscation report.(3) (A) The original confiscation report shall be filed with the seizing law enforcement agency within forty-eight (48) hours after the seizure and maintained in a separate file.(B) One (1) copy of the confiscation report shall be retained by the seizing law enforcement officer.(4) The confiscation report shall contain the following information:(A) A detailed description of the real or personal property seized including without limitation any serial number, model number, and odometer reading or hour reading of a vehicle or equipment;(B) The date of seizure;(C) The name and address of the person from whom the real or personal property was seized;(D) The reason for the seizure;(E) Where the personal property will be held;(F) The seizing law enforcement officer's name; and(G) A signed statement by the seizing law enforcement officer stating that the confiscation report is true and complete.(5) Within three (3) business days of receiving the confiscation report, the seizing law enforcement agency shall forward a copy of the confiscation report to the prosecuting attorney for the judicial district where the real or personal property was seized and to the Human Trafficking Coordinator.
(1) When real or personal property is seized for forfeiture by a law enforcement agency, the seizing law enforcement officer shall prepare and sign a confiscation report.
(2) (A) The person from whom the real or personal property is seized shall sign the confiscation report if present and shall immediately receive a copy of the confiscation report.(B) If the person refuses to sign the confiscation report, the confiscation report shall be signed by one (1) additional law enforcement officer, stating that the person refused to sign the confiscation report.
(A) The person from whom the real or personal property is seized shall sign the confiscation report if present and shall immediately receive a copy of the confiscation report.
(B) If the person refuses to sign the confiscation report, the confiscation report shall be signed by one (1) additional law enforcement officer, stating that the person refused to sign the confiscation report.
(3) (A) The original confiscation report shall be filed with the seizing law enforcement agency within forty-eight (48) hours after the seizure and maintained in a separate file.(B) One (1) copy of the confiscation report shall be retained by the seizing law enforcement officer.
(A) The original confiscation report shall be filed with the seizing law enforcement agency within forty-eight (48) hours after the seizure and maintained in a separate file.
(B) One (1) copy of the confiscation report shall be retained by the seizing law enforcement officer.
(4) The confiscation report shall contain the following information:(A) A detailed description of the real or personal property seized including without limitation any serial number, model number, and odometer reading or hour reading of a vehicle or equipment;(B) The date of seizure;(C) The name and address of the person from whom the real or personal property was seized;(D) The reason for the seizure;(E) Where the personal property will be held;(F) The seizing law enforcement officer's name; and(G) A signed statement by the seizing law enforcement officer stating that the confiscation report is true and complete.
(A) A detailed description of the real or personal property seized including without limitation any serial number, model number, and odometer reading or hour reading of a vehicle or equipment;
(B) The date of seizure;
(C) The name and address of the person from whom the real or personal property was seized;
(D) The reason for the seizure;
(E) Where the personal property will be held;
(F) The seizing law enforcement officer's name; and
(G) A signed statement by the seizing law enforcement officer stating that the confiscation report is true and complete.
(5) Within three (3) business days of receiving the confiscation report, the seizing law enforcement agency shall forward a copy of the confiscation report to the prosecuting attorney for the judicial district where the real or personal property was seized and to the Human Trafficking Coordinator.
(c) (1) Arkansas Legislative Audit shall notify the Human Trafficking Coordinator and a circuit court in the county of a law enforcement agency, prosecuting attorney, or other public entity that the law enforcement agency, prosecuting attorney, or public entity is ineligible to receive any forfeited funds, forfeited real or personal property, or any grants from the Arkansas Human Trafficking Council Support Fund, if Arkansas Legislative Audit determines, by its own investigation or upon written notice from the Human Trafficking Coordinator, that:(A) The law enforcement agency has failed to complete and file the confiscation report as required by this section; or(B) The law enforcement agency, prosecuting attorney, or public entity has not properly accounted for any seized real or personal property.(2) After the notice by Arkansas Legislative Audit under subdivision (c)(1) of this section, the circuit court shall not issue any order distributing seized real or personal property to that law enforcement agency, prosecuting attorney, or public entity nor shall any grant be awarded by the Human Trafficking Operations Unit of the Division of Arkansas State Police to that law enforcement agency, prosecuting attorney, or public entity until:(A) The appropriate officials of the law enforcement agency, prosecuting attorney, or public entity have appeared before the Legislative Joint Auditing Committee; and(B) The Legislative Joint Auditing Committee has adopted a motion authorizing subsequent transfers of forfeited real or personal property to the law enforcement agency, prosecuting attorney, or public entity.(3) (A) While a law enforcement agency, prosecuting attorney, or other public entity is ineligible to receive forfeited real or personal property, the circuit court shall order any money that would have been distributed to that law enforcement agency, prosecuting attorney, or public entity to be transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.(B) If the real or personal property is not cash, the circuit court shall order the real or personal property converted to cash by selling the real or personal property under § 5-5-608(a)(2) and the proceeds transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.(4) Moneys deposited into the Arkansas Human Trafficking Council Support Fund pursuant to subdivision (c)(3) of this section are not subject to recovery or retrieval by the ineligible law enforcement agency, prosecuting attorney, or other public entity.
(1) Arkansas Legislative Audit shall notify the Human Trafficking Coordinator and a circuit court in the county of a law enforcement agency, prosecuting attorney, or other public entity that the law enforcement agency, prosecuting attorney, or public entity is ineligible to receive any forfeited funds, forfeited real or personal property, or any grants from the Arkansas Human Trafficking Council Support Fund, if Arkansas Legislative Audit determines, by its own investigation or upon written notice from the Human Trafficking Coordinator, that:(A) The law enforcement agency has failed to complete and file the confiscation report as required by this section; or(B) The law enforcement agency, prosecuting attorney, or public entity has not properly accounted for any seized real or personal property.
(A) The law enforcement agency has failed to complete and file the confiscation report as required by this section; or
(B) The law enforcement agency, prosecuting attorney, or public entity has not properly accounted for any seized real or personal property.
(2) After the notice by Arkansas Legislative Audit under subdivision (c)(1) of this section, the circuit court shall not issue any order distributing seized real or personal property to that law enforcement agency, prosecuting attorney, or public entity nor shall any grant be awarded by the Human Trafficking Operations Unit of the Division of Arkansas State Police to that law enforcement agency, prosecuting attorney, or public entity until:(A) The appropriate officials of the law enforcement agency, prosecuting attorney, or public entity have appeared before the Legislative Joint Auditing Committee; and(B) The Legislative Joint Auditing Committee has adopted a motion authorizing subsequent transfers of forfeited real or personal property to the law enforcement agency, prosecuting attorney, or public entity.
(A) The appropriate officials of the law enforcement agency, prosecuting attorney, or public entity have appeared before the Legislative Joint Auditing Committee; and
(B) The Legislative Joint Auditing Committee has adopted a motion authorizing subsequent transfers of forfeited real or personal property to the law enforcement agency, prosecuting attorney, or public entity.
(3) (A) While a law enforcement agency, prosecuting attorney, or other public entity is ineligible to receive forfeited real or personal property, the circuit court shall order any money that would have been distributed to that law enforcement agency, prosecuting attorney, or public entity to be transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.(B) If the real or personal property is not cash, the circuit court shall order the real or personal property converted to cash by selling the real or personal property under § 5-5-608(a)(2) and the proceeds transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.
(A) While a law enforcement agency, prosecuting attorney, or other public entity is ineligible to receive forfeited real or personal property, the circuit court shall order any money that would have been distributed to that law enforcement agency, prosecuting attorney, or public entity to be transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.
(B) If the real or personal property is not cash, the circuit court shall order the real or personal property converted to cash by selling the real or personal property under § 5-5-608(a)(2) and the proceeds transmitted to the Treasurer of State for deposit into the Arkansas Human Trafficking Council Support Fund.
(4) Moneys deposited into the Arkansas Human Trafficking Council Support Fund pursuant to subdivision (c)(3) of this section are not subject to recovery or retrieval by the ineligible law enforcement agency, prosecuting attorney, or other public entity.
(d) The Human Trafficking Coordinator shall make available a standardized confiscation report form to be used by all law enforcement agencies with specific instructions and guidelines concerning the type and monetary value of all real or personal property, including weapons, to be included in the confiscation report and forwarded to the office of the local prosecuting attorney and the Human Trafficking Coordinator under subdivision (b)(5) of this section.