LD 1715, Page 26 - 119th Legislature, FIRST REGULAR Session

other than the defendant asserting a legal interest in the property

within 30 days of the date of receipt of the notice may petition

the court for a hearing to adjudicate the validity of any alleged

interest in the property.__The hearing must be held before the

court without jury.__The request for the hearing must be signed by

the petitioner under penalty of perjury and must state the nature

and extent of the petitioner's right, title or interest in the

property, the time and circumstances of the petitioner's

acquisition of the right, title or interest in the property, any

additional facts supporting the petitioner's claim and the relief

sought.__Upon the filing of any petition for hearing, the court

shall schedule the hearing as soon as practicable, but in no event

later than 6 months after the petition is filed or after the

sentencing of any defendant convicted upon the same indictment.__

The court shall issue or amend a final order of forfeiture in

accordance with its determination if, after the hearing, the court

determines that the petitioner has established by a preponderance

of the evidence that:

A.__The petitioner has a legal right, title or interest in
the property and the right, title or interest renders the
order of forfeiture invalid in whole or in part because the
right, title or interest was vested in the petitioner rather
than any defendant or was superior to any right, title or
interest to the exclusion of any defendant at the time of
the commission of the acts that gave rise to the forfeiture
of the property under this section; and

B.__The petitioner is a bona fide purchaser for value of the
right, title or interest in the property and was at the time
of purchase reasonably without cause to believe that the
property was subject to__forfeiture under this section.

6. Title to property following forfeiture.__Following the
entry of a verdict of forfeiture of property pursuant to this
section or the entry of a guilty plea in open court on the
record, the State has clear title to property that is the subject
of the indictment or information and order of forfeiture and may
order all or a portion of the property forfeited to the State to
be disposed of pursuant to section 395.

§397.__Payment to the Attorney General

As provided in Title 5, section 203, the Bureau of the State
Police shall pay the Attorney General from the Video Gaming Fund
for legal services provided pursuant to this chapter.

§398.__Implementation

A video gaming terminal may not be operated under this chapter
before April 1, 2000.

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