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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 return the firearm and ammunition to its lawful innocent owner,
(2)
(3)
(4)
(5)
(6)
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
(7)
the sale or retention of the property. This number shall be assigned, whenever
applicable, in consultation 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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