Sec. 53-400. Duration of lien notice. Release, discharge or modification of lien notice.
Sec. 53-400. Duration of lien notice. Release, discharge or modification of lien
notice. (a) A CORA lien notice shall be effective during the pendency of any criminal
prosecution commenced under this chapter and all appellate proceedings related thereto;
provided that where a judgment of forfeiture is rendered a CORA lien notice shall be
effective until the recording or filing of such judgment pursuant to section 53-402.
(b) The state's attorney filing the CORA lien notice may release in whole or in part
any CORA lien notice or may release any specific property from the CORA lien notice
upon such terms and conditions as he may determine. Any release of a CORA lien notice
executed by the state's attorney shall be filed in the official records in which the CORA
lien notice to which it relates has been filed. No charge or fee shall be imposed for the
filing of any release of a CORA lien notice in this state.
(c) At any time after a CORA lien notice has been filed by a state's attorney or his
designee pursuant to this chapter, the defendant or any state's attorney may, by motion
to the court in which such action is pending, seek a discharge or modification of such
notice.
(1) The clerk shall, upon the filing of such motion, immediately set a date for hearing, which date shall be not less than five nor more than ten days after the motion has
been filed, and shall notify the parties thereof. At the hearing, the court shall determine
whether there is probable cause to believe (A) that any property owned by the defendant
is covered by the CORA lien notice; and if so, (B) that such property or any additional
property not yet covered by such notice but sought by the state to be included therein
is subject to forfeiture under this chapter. The state shall bear the burden of proof at
such hearing and may present to the court affidavits, testimony under oath, or other
evidence that would establish such probable cause. The defendant may appear and be
heard on the issue. If the court concludes that, based on the evidence, there is no probable
cause to believe that any property or a portion thereof, which is covered by the CORA
lien notice is subject to forfeiture under this chapter, it shall discharge the CORA lien
notice or shall modify such notice so that it applies only to the property which there is
probable cause to believe is subject to forfeiture under this chapter.
(2) At the hearing set forth in subdivision (1) of this subsection, the court may
release from the CORA lien notice any property, upon the posting by the defendant of
such security as is equal to the value of the property owned by such defendant.
(3) The court shall release from the CORA lien notice any specific property if a
sale of the property is pending and the filing of the notice prevents the sale of the property;
provided, the proceeds resulting from the sale of the property shall be deposited with
the clerk of the court, subject to the further order of the court.
(4) The proceeds of any sale transacted pursuant to subdivision (3) of this subsection
and any security posted pursuant to subdivision (2) of this subsection shall be subject to
forfeiture under this chapter to the extent that the property to which they relate otherwise
would have been subject to forfeiture.
(P.A. 82-343, S. 8.)
Cited. 229 C. 479.
Subsec. (c):
Cited. 206 C. 421.