(a) When a circuit court having jurisdiction over real or personal property seized under this subchapter finds that grounds for a forfeiture exist and the burden of proof has been met under § 5-5-607, the circuit court shall enter an order:(1) Permitting the law enforcement agency or prosecuting attorney to retain the seized personal property for law enforcement or prosecutorial purposes subject to subsection (b) of this section;(2) Directing the retaining law enforcement agency or prosecuting attorney to sell at public sale, under § 5-5-101(e) and (f), the seized real or personal property that is not required by law to be destroyed and that is not harmful to the public; or(3) Transferring a motor vehicle to a school district for use in a driver education course.
(1) Permitting the law enforcement agency or prosecuting attorney to retain the seized personal property for law enforcement or prosecutorial purposes subject to subsection (b) of this section;
(2) Directing the retaining law enforcement agency or prosecuting attorney to sell at public sale, under § 5-5-101(e) and (f), the seized real or personal property that is not required by law to be destroyed and that is not harmful to the public; or
(3) Transferring a motor vehicle to a school district for use in a driver education course.
(b) (1) Seized personal property that is retained by the law enforcement agency or prosecuting attorney under subdivision (a)(1) of this section shall not be retained for official use for more than two (2) years, unless the circuit court finds that the seized personal property has been used for law enforcement or prosecutorial purposes and authorizes continued use for those purposes on an annual basis.(2) Except as provided in subdivision (b)(1) of this section, no later than two (2) years after entry of an order under subdivision (a)(1) of this section, the seized personal property shall be sold as provided in subdivision (a)(2) of this section, and the proceeds shall be deposited:(A) Eighty percent (80%) into the human trafficking control fund of the retaining law enforcement agency or prosecuting attorney; and(B) Twenty percent (20%) into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.(3) The retaining law enforcement agency or prosecuting attorney may sell the retained seized personal property at any time during the time allowed for retention, and the proceeds of the sale shall be distributed as set forth in subdivisions (b)(2)(A) and (B) of this section.(4) If the circuit court determines that retained seized personal property has been used for personal use or by non-law enforcement personnel for non-law enforcement purposes, the circuit court shall order the seized personal property to be sold at public sale under § 5-5-101(e) and (f), and the proceeds shall be deposited into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.(5) (A) A law enforcement agency may use seized personal property or money if the circuit court's order specifies that the seized personal property or money may be retained for official use by the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation.(B) If the circuit court's order specifies that the seized personal property or money may be retained for official use, the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation shall:(i) Maintain an inventory of the seized personal property or money;(ii) Be accountable for the seized personal property or money; and(iii) Be subject to the provisions of § 5-5-606(c) with respect to the seized personal property or money.(6) Any weapon not retained for official use shall be disposed of in accordance with state and federal law.
(1) Seized personal property that is retained by the law enforcement agency or prosecuting attorney under subdivision (a)(1) of this section shall not be retained for official use for more than two (2) years, unless the circuit court finds that the seized personal property has been used for law enforcement or prosecutorial purposes and authorizes continued use for those purposes on an annual basis.
(2) Except as provided in subdivision (b)(1) of this section, no later than two (2) years after entry of an order under subdivision (a)(1) of this section, the seized personal property shall be sold as provided in subdivision (a)(2) of this section, and the proceeds shall be deposited:(A) Eighty percent (80%) into the human trafficking control fund of the retaining law enforcement agency or prosecuting attorney; and(B) Twenty percent (20%) into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.
(A) Eighty percent (80%) into the human trafficking control fund of the retaining law enforcement agency or prosecuting attorney; and
(B) Twenty percent (20%) into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.
(3) The retaining law enforcement agency or prosecuting attorney may sell the retained seized personal property at any time during the time allowed for retention, and the proceeds of the sale shall be distributed as set forth in subdivisions (b)(2)(A) and (B) of this section.
(4) If the circuit court determines that retained seized personal property has been used for personal use or by non-law enforcement personnel for non-law enforcement purposes, the circuit court shall order the seized personal property to be sold at public sale under § 5-5-101(e) and (f), and the proceeds shall be deposited into the State Treasury as special revenues to be credited to the Arkansas Human Trafficking Council Support Fund.
(5) (A) A law enforcement agency may use seized personal property or money if the circuit court's order specifies that the seized personal property or money may be retained for official use by the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation.(B) If the circuit court's order specifies that the seized personal property or money may be retained for official use, the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation shall:(i) Maintain an inventory of the seized personal property or money;(ii) Be accountable for the seized personal property or money; and(iii) Be subject to the provisions of § 5-5-606(c) with respect to the seized personal property or money.
(A) A law enforcement agency may use seized personal property or money if the circuit court's order specifies that the seized personal property or money may be retained for official use by the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation.
(B) If the circuit court's order specifies that the seized personal property or money may be retained for official use, the prosecuting attorney, county sheriff, chief of police, Division of Arkansas State Police, or Arkansas Highway Police Division of the Arkansas Department of Transportation shall:(i) Maintain an inventory of the seized personal property or money;(ii) Be accountable for the seized personal property or money; and(iii) Be subject to the provisions of § 5-5-606(c) with respect to the seized personal property or money.
(i) Maintain an inventory of the seized personal property or money;
(ii) Be accountable for the seized personal property or money; and
(iii) Be subject to the provisions of § 5-5-606(c) with respect to the seized personal property or money.
(6) Any weapon not retained for official use shall be disposed of in accordance with state and federal law.
(c) Disposition of seized real or personal property under this section is subject to the need to retain the seized real or personal property as evidence in any related proceeding.
(d) Within three (3) business days of the entry of an order, the circuit clerk shall forward to the Human Trafficking Coordinator copies of the confiscation report, the circuit court's order, and any other documentation detailing the disposition of the seized real or personal property.