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500.090 Forfeiture.
(1)
Except as provided in KRS 500.092, all property which is subject to forfeiture
under any section of the Kentucky Penal Code shall be disposed of in accordance
with this section.
(a) Property other than firearms which is forfeited under any section of this code
may, upon order of the trial court, be destroyed by the sheriff of the county in
which the conviction was obtained.
(b) Property other than firearms which is forfeited under any section of this code
may, upon order of the trial court, be sold at public auction. The expenses of
keeping and selling such property and the amount of all valid recorded liens
that are established by intervention as being bona fide shall be paid out of the
proceeds of the sale. The balance shall be paid to:
1.
The state, if the property was seized by an agency of the state or peace
officer thereof;
2.
The county, if the property was seized by the sheriff or an agency or
peace officer of the county;
3.
The Department of Fish and Wildlife Resources, if the property was
seized by a peace officer of the Department of Fish and Wildlife or was
seized by any other officer for violation of KRS Chapter 150;
4.
The city, if the property was seized by the city or by an agency or peace
officer thereof and the property was delivered to the city property clerk;
5.
The city (ninety percent (90%) of the proceeds) and the sheriff (ten
percent (10%) of the proceeds), if the property was seized by the city or
by an agency or peace officer thereof and the property was delivered to
the sheriff or the county police; or
6.
The state, if the property was seized by any combination of agencies
listed above.
(c) Subject to the duty to return confiscated firearms and ammunition to innocent
owners pursuant to this section, all firearms and ammunition confiscated by a
state or local law enforcement agency, all firearms ordered forfeited by a
court, and all abandoned firearms and ammunition coming into the custody of
a state or local law enforcement agency and not retained for official use shall
be transferred to the Department of Kentucky State Police for disposition as
provided by KRS 16.220. The transfer shall occur not more than ninety (90)
days after the abandonment of the firearm or ammunition to the law
enforcement agency or not more than ninety (90) days after its confiscation,
unless a court requires the firearm or ammunition for use as evidence, in
which case it shall be transferred to the Department of Kentucky State Police
not more than ninety (90) days following the order of forfeiture by the court or
after the court returns the firearm or ammunition from use as evidence. Prior
to the sale of any firearm or ammunition, the law enforcement agency shall
make a bona fide attempt to determine if the firearm or ammunition to be sold
has been stolen or otherwise unlawfully obtained from an innocent owner and
(2)
(3)
(4)
(5)
(6)
return the firearm and ammunition to its lawful innocent owner, unless that
person is ineligible to purchase a firearm under federal law. This subsection
relating to auction of firearms and ammunition shall not apply to firearms and
ammunition auctioned by the Department of Fish and Wildlife that may be
sold to individual purchasers residing in Kentucky who are eligible under
federal law to purchase firearms and ammunition of the type auctioned.
(d) If property which is forfeited under any section of this code is determined by
the trial court to be worthless, encumbered with liens in excess of its value, or
otherwise a burdensome asset, the court may abandon any interest in such
property. Property which is abandoned pursuant to this section shall be
returned to the lawful claimant upon payment of expenses for keeping the
property.
(e) Property which is forfeited under any section of this code may, upon order of
the trial court, be retained for official use in the following manner. Property
which has been seized by an agency of the state may be retained for official
state use. Property which has been seized by an agency of county, city, or
urban-county government may be retained for official use by the government
whose agency seized the property or for official state use. Property seized by
any other unit of government may be retained only for official state use. The
expenses for keeping and transferring such property shall be paid by the unit
of government by which the property is retained.
Money which has been obtained or conferred in violation of any section of this code
shall, upon conviction, be forfeited for the use of the state. This subsection shall not
apply when, during the course of the proceeding in which the conviction is
obtained, the person from whom said money was unlawfully acquired is identified.
Property forfeited under any section of this code shall be disposed of in accordance
with this section only after being advertised pursuant to KRS Chapter 424. This
subsection shall not apply to property which is designed and suitable only for
criminal use or to money forfeited under subsection (2) of this section.
The trial court shall remit the forfeiture of property when the lawful claimant:
(a) Asserts his or her claim before disposition of the property pursuant to this
section;
(b) Establishes his or her legal interest in the property; and
(c) Establishes that the unlawful use of the property was without his or her
knowledge and consent. This subsection shall not apply to a lienholder of
record when the trial court elects to dispose of the property pursuant to
subsection (1)(b) of this section.
For purposes of this section, "lawful claimant" means owner or lienholder of record.
Before property which has had its identity obscured in violation of KRS 514.120
may be sold or retained for official use as provided in this section, the court shall
cause a serial or other identifying number to be placed thereon, and a record of the
number assigned shall be placed in the court order authorizing the sale or retention
of the property. This number shall be assigned, whenever applicable, in consultation
(7)
with the Department of Kentucky State Police and any other state or federal
regulatory agency. The purchaser of the property shall be given a document stating
that the property had been forfeited pursuant to law and that a number, shown on
the document, has been assigned which shall be deemed as compliance of the owner
with KRS 514.120. When property is returned to an owner pursuant to this section
and its identity has been obscured by another person in violation of KRS 514.120,
the court shall provide a document to the owner relieving him or her of liability for
its continued possession. This document shall serve as evidence of compliance with
KRS 514.120 by the owner or any person to whom he or she lawfully disposes of
the property. This section shall not apply to any person after property has been sold
or returned in compliance with this section who violates the provisions of KRS
514.120 with respect to that property.
Before forfeiture of any property under this section, it shall be the duty of the trial
court to determine if a lawful owner or claimant to the property has been identified
or is identifiable. If a lawful owner or claimant has been identified or is identifiable,
the court shall notify the owner or claimant that the property is being held and
specify a reasonable period of time during which the claim may be made or may, in
lieu thereof, order the return of the property to the lawful owner or claimant. If the
lawful owner or claimant does not assert his or her claim to the property after
notification or if he or she renounces his or her claim to the property, the property
shall be disposed of as provided in this section. It shall be the duty of all peace
officers and other public officers or officials having knowledge of the lawful owner
or claimant of property subject to forfeiture to report the same to the trial court
before the act of forfeiture occurs.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 100, sec. 10, effective June 25, 2009. -- Amended
2007 Ky. Acts ch. 85, sec. 325, effective June 26, 2007. -- Amended 2000 Ky. Acts
ch. 405, sec. 2, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 606, sec. 127,
effective July 15, 1998. -- Amended 1980 Ky. Acts ch. 193, sec. 5; and ch. 267,
sec. 1, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14,
sec. 473, effective January 2, 1978. -- Created 1974 Ky. Acts ch. 406, sec. 9,
effective January 1, 1975.
Legislative Research Commission Note (6/26/2007). A technical correction has been
made in subsection (4) of this section by the Reviser of Statutes pursuant to KRS
7.136.
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