513.617. CAFA proceeding stayed until disposition of criminal charges, restrictions upon forfeiture, rights of innocent owner--release of property, restrictions--court approval of settlements--seized
CAFA proceeding stayed until disposition of criminal charges,restrictions upon forfeiture, rights of innocent owner--release ofproperty, restrictions--court approval of settlements--seizedproperty not to be used in bargaining--time limitation.
513.617. 1. In the event criminal charges arising from thesame activity giving rise to the CAFA proceeding are filedagainst any individual claiming an interest in the propertysubject to the CAFA proceeding, such CAFA proceeding shall bestayed by the court until the disposition of the criminalcharges. In such cases, no property shall be forfeited unlessthe person charged is found guilty of or pleads guilty to afelony offense substantially related to the forfeiture. Theproperty of persons arrested, detained or apprehended and notsubsequently charged is not subject to forfeiture for thatarrest, detention or apprehension. The rights of an innocentowner of property are superior to any right or claim of the stateor county, and such rights shall be enforced pursuant to theprovisions of sections 513.610 to 513.620.
2. In any case where the court determines that seizedproperty is subject to forfeiture pursuant to the provisions ofsection 513.607 but there has not been a felony conviction,finding of guilt or plea of guilt to support such forfeiture, thecourt shall stay the civil forfeiture proceedings and order therelease of the property subject to the following requirements:
(1) The person to whom the property is released shall filea bond in an amount which the court determines to be adequate tosecure the property and which does not exceed the value of theproperty;
(2) The court may impose other conditions that it deemsreasonable and necessary to prevent the property from being madeunavailable for disposition by the court;
(3) The bond and other conditions shall terminate at suchtime as the released property is no longer subject to forfeitureor upon return of the property to the confiscating authority.
3. No action filed pursuant to sections 513.600 to 513.660shall be compromised or otherwise settled without the expressapproval of the terms of the settlement by the court in whichsuch action is pending. Nothing in this section shall prohibitor prevent the parties from contemporaneously resolving criminalcharges and a CAFA proceeding arising from the same activity.However, seized property shall not be used in bargaining to deferprosecution of criminal charges, obtain a guilty plea or affectsentencing recommendations, and the court in which the CAFAproceeding is pending shall not approve any settlement withoutfirst making such a finding. No state or local governmentagency, nor any person, may accept any monetary payment or otherthing of value in exchange for the release of property seized forforfeiture or for the settlement of any criminal charges.
4. No state or local government agency may hold propertyseized for forfeiture unless a petition for forfeiture has beenfiled within the time limit provided by section 513.607, unless atime extension is granted by order of the circuit court. Thecourt may extend the time for filing a petition for up to tendays for each order, but may not extend the time for filing formore than thirty days.
(L. 1993 S.B. 180)