Title XXXV — CIVIL PROCEDURE AND LIMITATIONS

513.600. Title. — Sections 513.600 to 513.645 shall be known and may be cited as the "Criminal Activity Forfeiture Act". ­­-------- (L. 1986 S.B. 450 § 4) Effective 3-17-86 (2014) To rebut presumption of forfeitability, defendant must allege facts supporting conclusion that seize…

513.605. Definitions. — As used in sections 513.600 to 513.645, unless the context clearly indicates otherwise, the following terms mean: (1) (a) "Beneficial interest": a. The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee hold…

513.607. Property subject to forfeiture — procedure — report required, when, contents — annual state auditor's report, contents — violations, penalty. — 1. All property of every kind, including cash or other negotiable instruments, used or intended for use in the course of, deriv…

513.610. Intervention as a party, when — possession of property upon posting bond. — 1. Any person claiming an interest in the property may become a party to the action at any time prior to judgment, whether named in the petition or not. Any party claiming a valid interest in the…

513.612. Right to file motion to dismiss — jury trial. — Any party may bring one motion to dismiss at any time and such motion shall be heard and ruled on within ten days. Any party may demand a jury trial. ­­-------- (L. 1986 S.B. 450 § 8) Effective 3-17-86

513.615. Rights of innocent party not subject to forfeiture — innocent party, defined. — The interest of an innocent party in the property shall not be subject to forfeiture. An "innocent party" is one who did not have actual knowledge that the property was used or intended for u…

513.617. CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner — release of property, restrictions — court approval of settlements — seized property not to be used in bargaining — time limitation. — 1. In the event cr…

513.620. Disposition of property after judgment. — Subject to the requirement of protecting the interest of all innocent parties, the court may after judgment of forfeiture make any of the following orders for disposition of the property: (1) Destruction of contraband, the posses…

513.623. Disposition of proceeds after sale. — The clear proceeds of any sale or disposition after satisfaction of the interest of any innocent party and after payment of the reasonable costs of the CAFA proceeding, including reasonable storage costs as assessed by the court, if …

513.625. Relations back of title, when — consequences of conveyance or alienation of property after filing of lien notice or petition. — 1. Upon the entry of a final judgment of forfeiture in favor of the state, the title of the state to the forfeited property shall: (1) In the c…

513.630. Statute of limitations. — Notwithstanding any other provision of law, a proceeding under this act* may be commenced up until five years after the conduct terminates or the cause of action accrues. If a criminal prosecution or civil action is brought by the state relating…

513.635. Remedies not mutually exclusive. — The application of one civil remedy under any provision of this act* shall not preclude the application of any other remedy. Remedies under this act* are supplemental and not mutually exclusive. ­­-------- (L. 1986 S.B. 450 § 14) Effect…

513.637. Enforcement of judgments — attorney general, duties — authority to enter into reciprocal agreements with other jurisdictions. — 1. Notwithstanding any other provision of law, a valid judgment rendered by a court of a jurisdiction having a law substantially similar to sec…

513.640. Lien notices, effect of filing. — 1. Upon the institution of a civil forfeiture proceeding or, if no civil suit has been instituted, upon the return of an indictment or filing of an information of a crime which may constitute criminal activity as defined in section 513.6…

513.645. Termination, release, or renewal of lien notices. — 1. The term of a CAFA lien notice shall be for a period of six months from the date of filing of the petition. Said lien notice may be renewed by the investigative agency one time prior to judgment. After judgment in fa…

513.647. Transfer of property seized by state to federal agency, procedure — transfer not to be made unless violation is a felony — property owner may challenge, procedure. — 1. No state or local law enforcement agency may transfer any property seized by the state or local agency…

513.649. Peace officers or reserve officer working with federal agency subject to law. — Any property seized by state or local peace or reserve officers who are detached to, deputized or commissioned by or working in conjunction with the federal agency shall remain subject to the…

513.651. Money acquired by law enforcement agencies, use of funds. — The moneys acquired by law enforcement agencies pursuant to this section and sections 513.647 and 513.649 shall be used only by the law enforcement agency for the investigation or prosecution of criminal activit…

513.653. Law enforcement agencies using federal forfeiture system, report of federal seizure proceeds — violation, ineligibility for certain funds. — 1. Law enforcement agencies involved in using the federal forfeiture system under federal law shall file a report regarding federa…

513.660. Forfeiture of gambling devices, records and money. — Any gambling device or gambling record, or any money used as bets or stakes in unlawful gambling activity, possessed or used in violation of this chapter may be seized by any law enforcement officer and is forfeited to…