| | | B. The proceeding under paragraph A is an in rem civil | | action, in which the State has the burden of proving all | | material facts by a preponderance of the evidence. |
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| | | C. A 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 through hand delivery by a | | deputy sheriff to any person who appears to have an interest | in the illegal gambling machine and, any monetary contents | | and any associated proceeds. 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. |
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| | | D. A court shall promptly, but not less than 2 weeks after | | notice, hold a hearing on the petition 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. |
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| | | 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 gambling machine and, any monetary contents and any | | associated proceeds by the State. Any revenue generated by | the disposition of the illegal gambling machine and, any | | monetary contents of the machine and any associated proceeds | | 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. |
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| | | 4. Any law enforcement officer, department or agency having | custody of an illegal gambling machine or, any monetary contents | | of an illegal gambling machine or any associated proceeds or | having disposed of the illegal gambling machine or, any monetary | | contents or any associated proceeds shall keep and maintain | | during the pendency of the action full and complete records in | | accordance with this subsection. Upon issuance by the court of a | | final order ordering the disposition, destruction or return of | the illegal gambling machine or the, any monetary contents or any | | associated proceeds, the officer, department or agency must | | transmit a copy of those records to the Department of Public | | Safety for inclusion into a centralized record. |
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| | | A. The records must show: |
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