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report of the disposition of property previously held by the | | department to the Commissioner of Administrative and Financial | | Services and the legislative Office of Fiscal and Program | | Review.__These records must include an estimate of the fair | | market value of items seized. |
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| | | 5.__Report to the court.__Persons making final disposition or | | destruction of an illegal gaming machine or its monetary contents | | under court order shall report, under oath, to the court the | | exact circumstances of the destruction or disposition. |
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| | | 6.__Seizure.__An illegal gaming machine__together with any | | monetary contents is contraband and may be seized by any law | | enforcement officer pursuant to subsection 7 or 8. |
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| | | 7.__Process for seizure.__At the request of the State ex | | parte, the court may issue any preliminary order or process | | necessary to seize or secure the property for which forfeiture is | | sought and provide for its custody. |
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| | | A.__Process for seizure of the property may issue only upon | | a showing of probable cause.__The application for process | | for seizure of the property and the issuance, execution and | | return of the process are subject to the provisions of | | applicable state law. |
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| | | B.__Any property subject to forfeiture under this section | | may be seized upon process. |
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| | | 8.__Seizure without process.__Seizure without process may be | | made when seizure is incident to a legal search or inspection if | | the law enforcement officer has probable cause to believe the | | property seized is an illegal gaming machine. |
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| | | §396.__Criminal forfeiture |
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| | | 1.__Forfeiture upon conviction of violation.__A person | | convicted of a violation of this chapter forfeits to the State | | all rights, privileges, interests and claims to property that is | | subject to forfeiture pursuant to section 395.__All rights, | | privileges, interest and title in property subject to forfeiture | | under this section vest in the State upon the commission of the | | act giving rise to forfeiture pursuant to section 395. |
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| | | 2.__Proceeding by indictment.__Property subject to forfeiture | | that is not yet the subject of a final order pursuant to section | | 395 may be proceeded against by indictment or superseding | | indictment of the grand jury in any related criminal proceeding | | in which one or | | more persons with an interest in the property have been | | simultaneously indicted for one or more violations of this | | chapter.__At any time prior to trial, the |
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