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5-5-305. Disposition of proceeds.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-305. Disposition of proceeds.
(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the:
(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;
(2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;
(3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and
(4) Cost incurred by the circuit court.
(b) The remaining proceeds or moneys shall be disposed of as follows:
(1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and
(2)(A) If the law enforcement agency is a:
(i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or
(ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.
(B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town:
(i) To defray the cost of a protracted investigation;
(ii) To provide additional technical equipment or expertise;
(iii) To provide matching funds to obtain a federal grant; or
(iv) For such other law enf
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-305
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:5-5-305
Source file: gov.ar.code.title.05.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 99fcd108068d3008c5a50a60ff8a53913c2790ba0946fbde76b12e2513f094ae
Source location: content.xml paragraph 7489
Stored source content
5-5-305. Disposition of proceeds.
(a) The proceeds of any sale pursuant to § 5-5-304 and any moneys forfeited pursuant to § 5-5-302 shall be applied to payment of the:
(1) Balance due on any lien preserved by the circuit court in the forfeiture proceeding;
(2) Cost incurred by the seizing law enforcement agency in connection with the storage, maintenance, security, and forfeiture of the property;
(3) Cost incurred by the prosecuting attorney or attorney for the law enforcement agency approved by the prosecuting attorney to which the property is forfeited; and
(4) Cost incurred by the circuit court.
(b) The remaining proceeds or moneys shall be disposed of as follows:
(1) If the law enforcement agency is a state agency, the entire amount shall be deposited into the State Treasury into the fund for that state agency for the law enforcement purposes for that state agency; and
(2)(A) If the law enforcement agency is a:
(i) County sheriff's office, the entire amount shall be deposited into the county treasury and credited to a special law enforcement forfeiture fund in the county treasury; or
(ii) City or town police agency, the entire amount shall be deposited into the city or town treasury and credited to a special law enforcement forfeiture fund in the city or town treasury.
(B) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall be expended only upon appropriation to the county sheriff's office or to the city or town police agency by the county quorum court or governing body of the city or town:
(i) To defray the cost of a protracted investigation;
(ii) To provide additional technical equipment or expertise;
(iii) To provide matching funds to obtain a federal grant; or
(iv) For such other law enforcement purposes as the county quorum court or governing body of the city or town deems appropriate.
(C) Moneys in the special law enforcement forfeiture fund in the county, city, or town treasury shall not be considered a source of revenue to meet a normal operating expense.
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Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-302. Property subject to forfeiture.
(a) The following property is subject to forfeiture pursuant to this subchapter:
(1) Contraband property used or intended to be used in the commission of theft of livestock;
(2) The proceeds gained from the commission of theft of livestock;
(3) Personal property acquired with proceeds gained from the commission of theft of livestock;
(4)(A) Any conveyance, including an aircraft, vessel, vehicle, or horse that is used or intended for use to transport or in any manner to facilitate the transportation for the purpose of the commission of theft of livestock.
(B) No conveyance used by any person as a common carrier in the transportation of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this subchapter.
(C) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent.
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the bona fide security interest of the secured party;
(5) Any book, record, or research product or material including microfilm, tape, or data that is used or intended for use in the theft of livestock; and
(6)(A)(i) Anything of value furnished or intended to be furnished or traded or used as payment or invested for anything of value in return for the commission of the theft of livestock.
(ii) However, subdivision (a)(6)(A)(i) of this section does not include real property.
(B) It may be presumed that property described in subdivision (a)(6)(A)(i) of this section w
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-302
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-5-302. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
5-5-304. Disposition of forfeited property.
(a) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is harmful to the public health or is required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Require the sheriff of the county to take custody of the property and remove it to any appropriate location for disposition in accordance with law; or
(2) Forward the property to the Department of Arkansas State Police for disposition.
(b) Subject to the provisions of subsection (c) of this section, if property forfeited pursuant to § 5-5-302 is not harmful to the public health and is not required by law to be destroyed, the law enforcement agency to which the property is forfeited shall:
(1) Sell the property in accordance with subsection (d) of this section; or
(2) Retain the property for official use if the property is not subject to a lien that has been preserved by the circuit court.
(c) If the property is a controlled substance, the law enforcement agency to which the property is forfeited shall transfer it to the Drug Enforcement Administration of the United States Department of Justice or the Department of Health for disposition or destruction.
(d)(1) If a law enforcement agency desires to sell property forfeited to it pursuant to § 5-5-302, the law enforcement agency shall first cause notice of the sale to be made by publication at least two (2) times a week for two (2) consecutive weeks in a newspaper having general circulation in the county and sending a copy of the notice of the sale by certified mail, return receipt requested, to any person having ownership of or a security interest in the property or in the manner provided in Rule 4 of the Arkansas
Source: Arkansas Code — historical release 78 (November 6, 2020) · 5-5-304
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 5-5-304. This identifies an authority to review, not proof of applicability.