| | |
| 2.__Court jurisdiction.__An illegal gaming machine and any | | monetary contents may be declared forfeited by any court that has | | jurisdiction over the illegal machine or final jurisdiction over | | any related criminal proceeding brought under this chapter or by | | the Superior Court for Kennebec County.__Property subject to | | forfeiture may be kept or stored at any location within the | | territorial boundaries of the State and is subject to the authority | | of any court in which a petition seeking the forfeiture of that | | property is filed. |
|
| | | 3.__Procedure.__Forfeitures under this section must be | | accomplished by the following procedure. |
|
| | | A.__A district attorney or the Attorney General may petition | | the Superior Court in the name of the State in the nature of | | a proceeding in rem to order forfeiture of an illegal gaming | | machine__and any monetary contents.__The petition must be | | filed in the court having jurisdiction over the property. |
|
| | | B.__The proceeding is an in rem civil action, in which the | | State has the burden of proving all material facts by a | | preponderance of the evidence. |
|
| | | C.__The court shall order the State to give notice of the | | pendency of the action and the right to be heard by | | certified or registered mail or hand delivery by a deputy | | sheriff to any person who appears to have an interest in the | | illegal machine__and any monetary contents.__Receipt by a | | person then licensed to operate a motor vehicle in the State | | is presumed when notice is mailed to the last known address | | of that person on file with the Department of the Secretary | | of State, Bureau of Motor Vehicles. |
|
| | | D.__The court shall promptly, but not less than 2 weeks | | after notice, hold a hearing on the petition under paragraph | | A after an answer is filed by a person served with notice | | under paragraph C.__At the hearing, the court shall hear | | evidence and make findings of fact and enter conclusions of | | law. |
|
| | | E.__Based on the findings and conclusions, the court shall | | issue a final order from which the parties have a right of | | appeal.__The final order must provide for disposition of the | | illegal gaming machine and any monetary contents by the | | State.__Any revenue generated by the disposition of the | | illegal machine__and any monetary contents of the machine | | must be used to pay the reasonable expenses of the | | forfeiture proceedings, seizure, storage, maintenance of | | custody, advertising and notice.__The balance, if any, must | | be deposited in the General Fund. |
|
|
