|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2907
|
|
|
|
|
MARVIN MANDEL, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PERSON CLAIMING THAT ALL OR ANY OF THE SEIZED MONEY,
CURRENCY, OR CASH IS NOT CONTRABAND OF LAW UNDER (A) AND
SHOULD BE RETURNED TO THE CLAIMANT, WITHIN ONE YEAR AFTER
THE DATE THE JUDGMENT OR ORDER WAS ENTERED OR THE ACTION
WAS TAKEN WHICH CONSTITUTED THE ULTIMATE DISPOSITION, MAY
MAKE APPLICATION ON GIVING TEN DAYS' PRIOR WRITTEN NOTICE
TO THE STATE TREASURER, CUSTODIAN COUNTY TREASURER OR
DIRECTOR OF FINANCE, TO THE APPROPRIATE COURT FOR A
DETERMINATION THAT THE MONEY, CURRENCY, OR CASH IS THE
PROPERTY OF THE CLAIMANT AND FOR AN ORDER THAT IT BE
RETURNED.
(2) IN A PROCEEDING UPON THAT APPLICATION AN
ACQUITTAL, A DISMISSAL, A STET OR A NOLLE PROSEQUI WITH
RESPECT TO THE GAMBLING CHARGES OR INDICTMENTS INVOLVED
IN THE SEIZURE OF THE MONEY, CASH, OR CURRENCY IS PRIMA
FACIE EVIDENCE THAT IT IS NOT CONTRABAND. A CONVICTION,
PLEA OF GUILTY OR OF NOLO CONTENDERE, AND PROBATION PRIOR
TO JUDGMENT IS PRIMA FACIE EVIDENCE THAT IT IS
CONTRABAND. NO PRESUMPTION IN THE PROCEEDING SHALL
ATTACH TO AN ENTRY OF STET.
(3) IF A PETITION IS NOT TIMELY AND PROPERLY
FILED, OR IF IT IS FINALLY DECIDED AGAINST THE CLAIMANT,
THE SEIZED MONEYS NOT DISPOSED OF SHALL BE FORFEITED TO
THE CUSTODIAN WITHOUT FURTHER JUDICIAL ACTION.
(4) TIMELY NOTICE MUST BE GIVEN BY CERTIFIED
MAIL OR OTHER APPROPRIATE MEANS TO ANY KNOWN CLAIMANTS,
AT THEIR LAST KNOWN ADDRESS, OF THE REQUIREMENTS OF THIS
SECTION FOR MAKING CLAIM FOR THE RETURN OF SEIZED MONEYS,
OR THE SEIZED MONEYS SHALL NOT BE FORFEITED AS PROVIDED
BY PARAGRAPH (3) OF THIS SECTION.
(E) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE
THE MEANINGS INDICATED.
(2) "ULTIMATE DISPOSTION DISPOSITION" OF
CHARGES AND OF INDICTMENTS INCLUDES ACQUITTAL, DISMISSAL,
GUILTY, PROBATION PRIOR TO JUDGMENT, PLEAS OF GUILTY AND
OF NOLO CONTENDERE, A STET, A NOLLE PROSEQUI, AND
TERMINATION OF THE CRIMINAL PROCEEDINGS PURSUANT TO
APPEAL.
(3) "RECORD OF CONVICTION" INCLUDES PLEAS OF
GUILTY AND OF NOLO CONTENDERE.
(4) THIS SECTION DOES NOT PROHIBIT THE TRIAL
JUDGE AFTER AN ACQUITTAL OR DISMISSAL FROM ORDERING
IMMEDIATE RETURN OF ALL PROPERTY SEIZED.
|
|
|
|
|
|
|
|
|
|
SECTION 5. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1977.
Approved May 26, 1977.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
