Title 41 — Personal Property.

For the purposes of this chapter, the term: (1) “By type of property” means the 4 distinct types of property: real property, vehicles, currency, and other personal property. (2) “Court” means the Superior Court of the District of Columbia. (3) “Currency” means cash, or the fair m…

(a) Only property designated as forfeitable pursuant to a forfeitable offense shall be subject to forfeiture and may be forfeited only in accordance with the provisions of this chapter. Property that is contained within property subject to forfeiture does not automatically render…

(a) Property subject to forfeiture under this chapter may be seized by the District: (1) By judicial order; or (2) Upon the District’s determination that there is probable cause to believe that the property is subject to forfeiture. (b)(1) Property seized for forfeiture under thi…

(a)(1)(A) Upon the seizure of any property by law enforcement, the District shall take all reasonable steps to identify the owner or owners of the seized property and provide the owner or owners with notice of the intent of the District to seek forfeiture of the property. (B) The…

(a) An owner may contest the seizure and forfeiture of the property by filing a claim with the District stating his or her interest in the property and intent to contest forfeiture. When filing a claim, the owner may also request interim release of the property or a portion of th…

(a) The District shall not release property seized for forfeiture while it is being retained as evidence in a criminal case. (b) Except as prohibited by subsection (a) of this section, the District may, at any time, authorize interim release of property for use by the owner pendi…

(a) If the owner of a seized property makes a claim contesting the seizure pursuant to § 41-305, the District shall return the property to the owner or file a libel of information seeking forfeiture of the property in Court. (b)(1) If the owner is not in possession of all of the …

(a) An in rem civil forfeiture matter may be brought by the District against specific property, personal or real, by the filing of a civil libel of information in accordance with § 41-307. (b) A party to a forfeiture action has a right to trial by jury. (c) If the trial has not c…

(a) Property that is returnable under this chapter shall be returned to the owner. (b) The owner shall acknowledge receipt and possession of each item of returnable property by reference to the specific property identification number assigned to the item pursuant to § 41-303(b)(1…

(a) When property is declared forfeited pursuant to § 41-305(c) or § 41-308, the District shall: (1) Sell property that is not required by law to be destroyed and that is not harmful to the public or dispose of the property in a manner consistent with District law or, consistent …

Beginning October 1, 2018, the District shall not refer seized property to a federal agency seeking the adoption by the federal agency of the seized property. Nothing in this chapter shall be construed to prohibit the federal government, or any of its agencies, from seeking feder…

By January 1, 2016, and on an annual basis thereafter, the Metropolitan Police Department and the Office of the Attorney General shall file with the Council of the District of Columbia and publish on their websites a report providing the following information for the preceding ye…

(a) Whenever an owner files with the Mayor, either before or after the sale or disposition of property pursuant to § 41-310, a petition for remission or mitigation of the forfeiture, the Mayor shall consider the petition and, if the Mayor finds that mitigating circumstances so ju…

(a) Any ambiguities in this chapter relating to the District taking property through forfeiture shall be resolved in favor of the owner. (b) Nothing in this chapter shall be construed to prohibit law enforcement from seizing and retaining property as evidence in a criminal case.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.