Sec. 54-36h. Forfeiture of moneys and property related to illegal sale or exchange of controlled substances or money laundering. In rem proceeding. Disposition.
Sec. 54-36h. Forfeiture of moneys and property related to illegal sale or exchange of controlled substances or money laundering. In rem proceeding. Disposition. (a) The following property shall be subject to forfeiture to the state pursuant to
subsection (b) of this section:
(1) All moneys used, or intended for use, in the procurement, manufacture, compounding, processing, delivery or distribution of any controlled substance, as defined
in subdivision (9) of section 21a-240;
(2) All property constituting the proceeds obtained, directly or indirectly, from any
sale or exchange of any such controlled substance in violation of section 21a-277 or
21a-278;
(3) All property derived from the proceeds obtained, directly or indirectly, from
any sale or exchange for pecuniary gain of any such controlled substance in violation
of section 21a-277 or 21a-278;
(4) All property used or intended for use, in any manner or part, to commit or facilitate the commission of a violation for pecuniary gain of section 21a-277 or 21a-278;
(5) All property constituting, or derived from, the proceeds obtained, directly or
indirectly, by a corporation as a result of a violation of section 53a-276, 53a-277 or
53a-278.
(b) Not later than ninety days after the seizure of moneys or property subject to
forfeiture pursuant to subsection (a) of this section, in connection with a lawful criminal
arrest or a lawful search, the Chief State's Attorney or a deputy chief state's attorney,
state's attorney or assistant or deputy assistant state's attorney may petition the court
in the nature of a proceeding in rem to order forfeiture of said moneys or property. Such
proceeding shall be deemed a civil suit in equity, in which the state shall have the burden
of proving all material facts by clear and convincing evidence. The court shall identify
the owner of said moneys or property and any other person as appears to have an interest
therein, and order the state to give notice to such owner and any interested person by
certified or registered mail, and shall promptly, but not less than two weeks after notice,
hold a hearing on the petition. No testimony offered or evidence produced by such owner
or interested person at such hearing and no evidence discovered as a result of or otherwise
derived from such testimony or evidence, may be used against such owner or interested
person in any proceeding, except that no such owner or interested person shall be immune
from prosecution for perjury or contempt committed while giving such testimony or
producing such evidence. At such hearing the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order, from which the
parties shall have such right of appeal as from a decree in equity.
(c) No property shall be forfeited under this section to the extent of the interest of
an owner or lienholder by reason of any act or omission committed by another person
if such owner or lienholder did not know and could not have reasonably known that
such property was being used or was intended to be used in, or was derived from, criminal
activity.
(d) Notwithstanding the provisions of subsection (a) of this section, no moneys or
property used or intended to be used by the owner thereof to pay legitimate attorney's
fees in connection with his defense in a criminal prosecution shall be subject to forfeiture
under this section.
(e) Any property ordered forfeited pursuant to subsection (b) of this section shall
be sold at public auction conducted by the Commissioner of Administrative Services
or his designee.
(f) The proceeds from any sale of property under subsection (e) of this section and
any moneys forfeited under this section shall be applied: (1) To payment of the balance
due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of
any costs incurred for the storage, maintenance, security and forfeiture of such property;
and (3) to payment of court costs. The balance, if any, shall be deposited in the drug
assets forfeiture revolving account established under section 54-36i.
(P.A. 86-404, S. 3, 4; P.A. 88-364, S. 71, 123; P.A. 89-269, S. 1.)
History: P.A. 88-364 amended Subsec. (b) by substituting "moneys" for "property"; P.A. 89-269 amended Subsec. (a)
to restructure provisions, to insert Subdiv. indicators, to replace in Subdiv. (2) "the proceeds of any sale of any such
controlled substance in violation of any provision of the general statutes" with "All property constituting the proceeds
obtained, directly or indirectly, from any sale or exchange of any controlled substance in violation of section 21a-277 or
21a-278", and to add Subdivs. (3), (4) and (5) re other property subject to forfeiture, amended Subsec. (b) to authorize the
"chief state's attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney"
rather than "the prosecuting official of the court for the geographical area in which the criminal offense is alleged to have
been committed" to petition the court "Not later than ninety days" after the seizure rather than "At any time" after the
seizure, to make provisions applicable to moneys "or property" seized, to require the seizure to be "in connection with a
lawful criminal arrest or a lawful search" rather than "in connection with a criminal arrest or pursuant to a search warrant
without an arrest", to change the state's burden of proof from a preponderance of the evidence to clear and convincing
evidence, to require the court to identify the owner of the moneys or property and any person with an interest therein, and
to add provision prohibiting the use of certain testimony or evidence against the owner or interested person, added Subsec.
(c) re the forfeiture of property when the owner or lienholder has no knowledge of the criminal activity, added Subsec. (d)
re the forfeiture of moneys or property used or intended to be used to pay attorney's fees, added Subsec. (e) re the sale at
public auction of forfeited property, and added Subsec. (f) re the allocation of the proceeds from the sale of forfeited
property or any forfeited moneys; (Revisor's note: In 1995 the word "fund" in the phrase "drug assets forfeiture revolving
fund" was replaced editorially by the Revisors with the word "account" to conform section with Sec. 54-36i as amended
by P.A. 94-95).
Money found near drugs and seized at same time as arrest for violations of drug laws is not property subject to forfeiture
proceedings. 108 CA. 533.
Cited. 43 CS 203.
Subsec. (b):
Time limit in section is substantive and a jurisdictional prerequisite. 43 CS 203. P.A. 89-269 cited. Id.