480.05 - Felony controlled substance offenses; forfeiture.

§ 480.05 Felony controlled substance offenses; forfeiture.    1.  When  any  person  is convicted of a felony offense, the following  property is subject to forfeiture pursuant to this article:    (a) any property constituting the proceeds or substituted proceeds  of  such   offense,   unless  the  forfeiture  is  disproportionate  to  the  defendant's gain from or participation in the offense,  in  which  event  the trier of fact may direct forfeiture of a portion thereof; and    (b)  any  property  constituting  an  instrumentality of such offense,  other than a real property  instrumentality  of  a  crime,  unless  such  forfeiture   is   disproportionate  to  the  defendant's  gain  from  or  participation in the offense, in which  event  the  trier  of  fact  may  direct forfeiture of a portion thereof.    2.  When  any  person  is  convicted  of a specified offense, the real  property  instrumentality  of  such  specified  offense  is  subject  to  forfeiture   pursuant   to  this  article,  unless  such  forfeiture  is  disproportionate to the defendant's gain from or  participation  in  the  offense,  in  which  event  the trier of fact may direct forfeiture of a  portion thereof.    3. Property acquired in good faith by an attorney as payment  for  the  reasonable  and  bona  fide  fees  of legal services or reimbursement of  reasonable and bona fide expenses related to  the  representation  of  a  defendant  in  connection with a civil or criminal forfeiture proceeding  or a related criminal  matter,  shall  be  exempt  from  a  judgment  of  forfeiture. For purposes of this subdivision, "bona fide" means that the  attorney  who  acquired such property had no reasonable basis to believe  that the fee transaction was a fraudulent or sham  transaction  designed  to shield property from forfeiture, hide its existence from governmental  investigative  agencies,  or  was  conducted  for any purpose other than  legitimate.