TITLE 11
Criminal Offenses
CHAPTER 11-67
Trafficking of Persons and Involuntary Servitude
SECTION 11-67-5
§ 11-67-5 Forfeitures.
(a) A person who is found in a criminal proceeding to be in violation of §
11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits or
proceeds and any interest or property he or she has acquired or maintained in
violation of this act, that the sentencing court determines, after a forfeiture
hearing, to have been acquired or maintained as a result of maintaining a
person in involuntary servitude or participating in trafficking in persons for
forced labor in order to commit a criminal sexual activity.
(b) The court shall upon petition by the attorney general at
any time following sentencing, conduct a hearing to determine whether any
property or property interest is subject to forfeiture under this section. At
the forfeiture hearing the state shall have the burden of establishing by a
preponderance of the evidence that property or property interests are subject
to forfeiture under this section.
(c) In any action brought by the state of Rhode Island under
this section, wherein any restraining order, injunction, or prohibition or any
other action in connection with any property or interest subject to forfeiture
under this section is sought, the court shall first determine whether there is
probable cause to believe that the person or persons so charged have committed
the offense of involuntary servitude, involuntary servitude of a minor, or
trafficking in persons for forced labor or commercial sexual activity and
whether the property or property interest is subject to forfeiture pursuant to
this section.
(d) All monies forfeited and the sale proceeds of all other
property forfeited and seized under this section shall be deposited in the
general fund.
History of Section.
(P.L. 2007, ch. 123, § 1; P.L. 2007, ch. 217, § 1.)
