| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 15 MRSA §5826, sub-§7 is enacted to read: |
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| | 7.__Default proceedings.__Upon motion of the State, the court | having jurisdiction over a criminal forfeiture matter may declare | a default judgment of forfeiture if the court finds as follows: |
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| A.__By clear and convincing evidence that: |
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| (1)__There was probable cause to support the seizure of | the property at the time of its seizure; |
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| (2)__The interested party has knowledge of the seizure | of the property or the property was seized under | circumstances in which a reasonable person would have | knowledge of the seizure of that person's property; and |
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| (3)__The interested party has failed to appear for any | court appearance in accordance with Title 17-A, chapter | 45 for a violation that forms the basis of the | forfeiture, and that a warrant of arrest for the | interested party for such failure to appear has been | outstanding for 6 months or more; and |
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| B.__By a preponderance of the evidence that the State is | entitled to a judgment of forfeiture pursuant to chapter | 517. |
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| The State may meet its burden under paragraphs A and B by | presentation of testimony or affidavit. |
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| The interested party has 30 days from the date of the declaration | of default judgment of forfeiture to appear before the court in | person, submit to its jurisdiction on the companion criminal | charge and to petition the court to remove the default judgment. |
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| Post-default proceedings are governed by section 5825. |
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| | This bill allows the State to initiate default proceedings in | order to obtain forfeited assets when the defendant fails to | appear in a court proceeding. |
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| | This bill is the recommendation of the Attorney General. |
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