2005 Idaho Code - 37-2804 — FORFEITURE REQUEST -- REBUTTABLE PRESUMPTION

                                  TITLE  37
                             FOOD, DRUGS, AND OIL
                                  CHAPTER 28
                             CRIMINAL FORFEITURES
    37-2804.  FORFEITURE REQUEST -- REBUTTABLE PRESUMPTION. Property subject
to criminal forfeiture under this chapter shall not be ordered forfeited
unless the attorney general or the appropriate prosecuting attorney has filed
a separate allegation within the criminal proceeding seeking forfeiture of
specific property as described in section 37-2801, Idaho Code. The attorney
general or appropriate prosecuting attorney shall file, within fourteen (14)
days of the filing of the criminal information or indictment, a separate part
II forfeiture request and notice with the trial court.
    There is a rebuttable presumption that any property of a person subject to
the provisions of section 37-2801, Idaho Code, is subject to forfeiture under
this chapter if the state of Idaho establishes by a preponderance of the
evidence that:
    (1)  The property was acquired by a person during the period of the
violation of chapter 27, title 37, Idaho Code, or within a reasonable time
after such violation; and
    (2)  There was no likely source for such property other than the violation
of chapter 27, title 37, Idaho Code.