2018 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 1 - General Provisions
Chapter 5 - Disposition of Contraband and Seized Property
Subchapter 2 - Forfeiture of Conveyances Used in Commission of Certain Crimes
§ 5-5-204. Use or sale of conveyances -- Disposition of sale proceeds

(a) (1) (A) Upon conviction and a hearing, when the circuit court having jurisdiction over the conveyance seized finds by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court may enter an order to sell the conveyance.

• (B) After allowance for reasonable expenses of seizure and maintenance of custody of the conveyance, the proceeds from a sale under subdivision (a)(1)(A) of this section shall be used to satisfy any outstanding restitution under § 5-4-205 owed to a victim of an offense for which the conveyance was used, if the victim files a petition with the circuit court or makes a request to the circuit court within thirty (30) days of the filing of the judgment and commitment order of the convicted defendant.

  • (2) If there is not a victim of an offense owed restitution under § 5-4-205, the circuit court shall enter an order to:

    • (A) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or

    • (B)

      • (i) Permit the law enforcement agency to sell the conveyance at a public or private sale.

      • (ii) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:

        • (a) Investigation;

        • (b) Seizure;

        • (c) Maintenance of custody;

        • (d) Advertising; and

        • (e) Court costs.

(b) Any proceeds from the sale of a forfeited conveyance under subdivision (a)(2)(B) of this section, or if there was a victim of an offense owed restitution under § 5-4-205, the proceeds remaining after the satisfaction of the victim's restitution under § 5-4-205 in excess of a proper expense shall be distributed as follows:

• (1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund;

• (2)

  • (A) Forty percent (40%) to the law enforcement agency that perfected the arrest.

  • (B) However, if a federal agency perfected the arrest, the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and

• (3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.