LD 1169
pg. 25
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LR 985
Item 1

 
indicted by a grand jury pursuant to this section may also be
ordered seized based upon the grand jury's finding of probable
cause pursuant to section 395.

 
4.__Trial against property. Trial against property charged by
indictment or information may be by jury and must be held in a
single proceeding together with the trial of the related criminal
violation.__Forfeiture of the property must be proved by the
State by a preponderance of the evidence.__The court, in its
discretion, may allow any defendant with an interest in property
indicted pursuant to this section to waive the right to trial by
jury as against the property while preserving the right to trial
by jury of any crime alleged.__At trial by jury, the court, upon
motion of a defendant or the State, may separate the trial of the
matter against the defendant from the trial of the matter against
the property subject to criminal forfeiture.__If the court
bifurcates the jury trial, the court shall first instruct and
submit to the jury the issue of the guilt or innocence of
defendants to be determined by proof beyond a reasonable doubt
and shall restrict argument of counsel to those issues.__After a
verdict upon the guilt or innocence of all defendants, the court
shall instruct and submit to the jury the issue of the forfeiture
of the property to be determined by proof by a preponderance of
the evidence and the court shall restrict argument to those
issues.__A special verdict must be returned as to the extent of
the interest in property subject to forfeiture, if any.

 
5.__Person interested in forfeited property.__A person not
charged in the indictment may not intervene in the criminal
action.__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 shall provide written
notice of its intent to dispose of the property to any person
known to have alleged an interest in the property.__The notice
may be by certified, return receipt mail or as otherwise ordered
by the court.__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.__A person
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


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