(a) All property constituting, or derived from, the proceeds obtained, directly or indirectly, by a person as a result of a violation of section 53a-129a of the general statutes, revision of 1958, revised to January 1, 2003, or section 53a-127g, 53a-129b, 53a-129c, 53a-129d, 53a-129e, 53a-130, 21-120 or 21-121 shall be subject to forfeiture to the state pursuant to subsection (b) of this section.
(b) Not later than ninety days after the seizure of property subject to forfeiture pursuant to subsection (a) of this section, in connection with a lawful arrest or a lawful search that results in an arrest, the Chief State's Attorney or a deputy chief state's attorney, state's attorney or assistant or deputy assistant state's attorney may petition the court in the nature of a proceeding in rem to order forfeiture of said moneys or property. Such proceeding shall be deemed a civil suit in equity, in which the state shall have the burden of proving all material facts by clear and convincing evidence. The court shall identify the owner of such property and any other person as appears to have an interest therein, and order the state to give notice to such owner and any interested person by certified or registered mail. No testimony offered or evidence produced by such owner or interested person at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence, may be used against such owner or interested person in any proceeding, except that no such owner or interested person shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. At such hearing the court shall hear evidence and make findings of fact and enter conclusions of law and shall issue a final order, from which the parties shall have such right of appeal as from a decree in equity.
(c) The court shall hold a hearing on the petition filed pursuant to subsection (a) of this section not more than two weeks after the criminal proceeding that occurred as a result of the arrest has been nolled, dismissed or otherwise disposed of. The court shall deny the petition and return the property to the owner if the criminal proceeding does not result in (1) a plea of guilty or nolo contendere to any offense charged in the same criminal information, (2) a guilty verdict after trial to a forfeiture-eligible offense for which the property was possessed, controlled, designed or intended for use, or which was or had been used as a means of committing such offense, or which constitutes the proceeds of the commission of such offense, or (3) a dismissal resulting from the completion of a pretrial diversionary program.
(d) No property shall be forfeited under this section to the extent of the interest of an owner or lienholder by reason of any act or omission committed by another person if such owner or lienholder did not know and could not have reasonably known that such property was being used or was intended to be used in, or was derived from, criminal activity.
(e) Notwithstanding the provisions of subsection (a) of this section, no property used or intended to be used by the owner thereof to pay legitimate attorney's fees in connection with his defense in a criminal prosecution shall be subject to forfeiture under this section.
(f) Any property ordered forfeited pursuant to subsection (b) of this section shall be sold at public auction conducted by the Commissioner of Administrative Services.
(g) The proceeds from any sale of property under subsection (f) of this section shall be applied: (1) To payment of the balance due on any lien preserved by the court in the forfeiture proceedings; (2) to payment of any costs incurred for the storage, maintenance, security and forfeiture of such property; and (3) to payment of court costs. The balance, if any, shall be deposited in the privacy protection guaranty and enforcement account established under section 42-472a.
(P.A. 09-239, S. 12; June 12 Sp. Sess. P.A. 12-2, S. 90; P.A. 17-193, S. 3.)
History: June 12 Sp. Sess. P.A. 12-2 made a technical change in Subsec. (f); P.A. 17-193 amended Subsec. (b) by adding “in connection with a lawful arrest or a lawful search that results in an arrest” and deleting provision re court to promptly hold hearing on petition, added new Subsec. (c) re hearing on petition after criminal proceeding has been nolled, dismissed or otherwise disposed of and denial of petition and return of property to owner, redesignated existing Subsecs. (c) to (f) as Subsecs. (d) to (g), and made a conforming change.
Structure Connecticut General Statutes
Chapter 959 - Court Jurisdiction and Power
Section 54-1 and 54-1a. - Criminal jurisdiction of trial justices; of Court of Common Pleas.
Section 54-1b. - Arraignment of prisoner. Advice as to rights.
Section 54-1c. - Admissibility of confession.
Section 54-1f. (Formerly Sec. 6-49). - Arrest without warrant. Pursuit outside precincts.
Section 54-1l. - Short title: Alvin W. Penn Racial Profiling Prohibition Act.
Section 54-1n. - Complaint by victim of identity theft. Law enforcement agency's responsibilities.
Section 54-1o. - Electronic recording of custodial interrogations.
Section 54-1p. - Eyewitness identification procedures.
Section 54-1s. - Racial Profiling Prohibition Project Advisory Board. Membership. Duties.
Section 54-2. - Conviction and binding over by trial justice.
Section 54-2c. - Traffic violator need not appear in court, when. Schedule of fines established.
Section 54-2e. - Issuance of rearrest warrant or capias for failure to appear.
Section 54-25 and 54-26. - Release on recognizance. Witnesses in courts of other states.
Section 54-33. - Search warrants for gambling and lottery implements.
Section 54-33b. - Search of person.
Section 54-33c. - Warrant application, affidavits, execution and return. Copies. Orders.
Section 54-33d. - Interference with search.
Section 54-33e. - Destruction of property.
Section 54-33f. - Motion for return of unlawfully seized property and suppression as evidence.
Section 54-33i. - “Journalist”, “news organization” and “news” defined.
Section 54-33j. - Issuance of search warrant for property of journalist or news organization.
Section 54-33k. - “Strip search” defined.
Section 54-33l. - Strip searches. Procedure.
Section 54-33m. - Failure to wear seat belt not probable cause for vehicle search.
Section 54-33n. - Search of school lockers and property.
Section 54-33o. - Search of vehicle stopped solely for a motor vehicle violation.
Section 54-33p. - Restrictions on cannabis-related stop or search of a person or motor vehicle.
Section 54-34 and 54-35. - Search of person. Condemnation of gambling implements, notice.
Section 54-36. - Disposition of property held as evidence.
Section 54-36b. - Examiner of seized property, appointment, duties.
Section 54-36c. - Disposition of seized property on order of the examiner of seized property.
Section 54-36e. - Firearms and ammunition to be turned over to state police. Sale at public auction.
Section 54-36f. - Receipt for seized property to be given by law enforcement officials.
Section 54-36i. - Drug assets forfeiture revolving account. Allocation of moneys.
Section 54-36n. - Identification and tracing of seized and recovered firearms and ammunition.