Missouri Revised Statutes













Chapter 513

Executions and Exemptions

←513.605

Section 513.607.1

513.610→

August 28, 2015

Property subject to forfeiture--procedure--report required, when, contents--annual state auditor's report, contents--violations, penalty.

513.607. 1. All property of every kind, including cash or other

negotiable instruments, used or intended for use in the course of, derived

from, or realized through criminal activity is subject to civil forfeiture.

Civil forfeiture shall be had by a civil procedure known as a CAFA forfeiture

proceeding.



2. A CAFA forfeiture proceeding shall be governed by the Missouri rules

of court, rules of civil procedure, except to the extent that special rules

of procedure are stated herein.



3. Any property seized by a law enforcement officer or agent shall not be

disposed of pursuant to section 542.301 or by the uniform disposition of

unclaimed property act, sections 447.500 through 447.595, unless the CAFA

proceeding involving the seized property does not result in a judgment of

forfeiture.



4. In cases where the property is abandoned or unclaimed, an in rem CAFA

forfeiture proceeding may be instituted by petition by the prosecuting

attorney of the county in which the property is located or seized by the

attorney general's office. The proceeding may be commenced before or after

seizure of the property.



5. In lieu of, or in addition to, an in rem proceeding under subsection 4

of this section, the prosecuting attorney or attorney general may bring an in

personam action for the forfeiture of property, which may be commenced by

petition before or after the seizure of property.



6. (1) If the petition is filed before seizure, it shall state what

property is sought to be forfeited, that the property is within the

jurisdiction of the court, the grounds for forfeiture, and the names of all

persons known to have or claim an interest in the property. The court shall

determine ex parte whether there is reasonable cause to believe that the

property is subject to forfeiture and that notice to those persons having or

claiming an interest in the property prior to seizure would cause the loss or

destruction of the property. If the court finds that reasonable cause does

not exist to believe the property is subject to forfeiture, it shall dismiss

the proceeding. If the court finds that reasonable cause does exist to

believe the property is subject to forfeiture but there is not reasonable

cause to believe that prior notice would result in loss or destruction, it

shall order service on all persons known to have or claim an interest in the

property prior to a further hearing on whether a writ of seizure should

issue. If the court finds that there is reasonable cause to believe that the

property is subject to forfeiture and to believe that prior notice would cause

loss or destruction, it shall without any further hearing or notice issue a

writ of seizure directing the sheriff of the county or other authorized law

enforcement agency where the property is found to seize it.



(2) Seizure may be effected by a law enforcement officer authorized to

enforce the criminal laws of this state prior to the filing of the petition

and without a writ of seizure if the seizure is incident to a lawful arrest,

search, or inspection and the officer has probable cause to believe the

property is subject to forfeiture and will be lost or destroyed if not

seized. Within four days of the date of seizure, such seizure shall be

reported by said officer to the prosecuting attorney of the county in which

the seizure is effected or the attorney general; and if in the opinion of the

prosecuting attorney or attorney general forfeiture is warranted, the

prosecuting attorney or attorney general shall, within ten days after

receiving notice of seizure, file a petition for forfeiture. The petition

shall state, in addition to the information required in subdivision (1) of

this subsection, the date and place of seizure. The burden of proof will be

on the investigative agency to prove all allegations contained in the

petition.



7. After the petition is filed or the seizure effected, whichever is

later, every person known to have or claim an interest in the property shall

be served, if not previously served, with a copy of the petition and a notice

of seizure in the manner provided by the Missouri rules of court and rules of

civil procedure. Service by publication may be ordered upon any party whose

whereabouts cannot be determined or if there be unknown parties.



8. The prosecuting attorney or attorney general to whom the seizure is

reported shall report annually by January thirty-first for the previous

calendar year all seizures. Such report shall include the date, time, and

place of seizure, the property seized, the estimated value of the property

seized, the person or persons from whom the property was seized, the criminal

charges filed, and the disposition of the seizure, forfeiture and criminal

actions. The report shall be made to the director of the Missouri department

of public safety and shall be considered an open record. The prosecuting

attorney or attorney general shall submit a copy of the report to the state

auditor at the time the report is made to the director of the department of

public safety.



9. The state auditor shall make an annual report compiling the data

received from law enforcement, prosecuting attorneys and the attorney

general, and shall submit the report regarding seizures for the previous

calendar year to the general assembly annually by February twenty-eighth.



10. Intentional or knowing failure to comply with any reporting

requirement contained in this section shall be a class A misdemeanor,

punishable by a fine of up to one thousand dollars.



(L. 1986 S.B. 450 § 6, A.L. 1993 S.B. 180, A.L. 2001 S.B. 5 & 21)



(2000) Seizure occurred when city police stopped and arrested

claimant for traffic violations and took possession of money found

in car; divestment of claimant's possessory interests occurred at

that point and not when money was transferred to federal agents.

Also, transfer was improper without first obtaining approval from

circuit judge and prosecutor. Karpierz v. Easley, 31 S.W.3d 505

(Mo.App.W.D.).





1993



1993



513.607. 1. All property of every kind used or intended

for use in the course of, derived from, or realized through

criminal activity is subject to civil forfeiture. Civil

forfeiture shall be had by a civil procedure known as a CAFA

forfeiture proceeding.



2. A CAFA forfeiture proceeding shall be governed by the

Missouri rules of court, rules of civil procedure, except to the

extent that special rules of procedure are stated herein.



3. In cases where the property is abandoned or unclaimed,

an in rem CAFA forfeiture proceeding may be instituted by

petition by the prosecuting attorney of the county in which the

property is located or seized by the attorney general's office.

The proceeding may be commenced before or after seizure of the

property.



4. In lieu of, or in addition to, an in rem proceeding

under subsection 3 of this section, the prosecuting attorney or

attorney general may bring an in personam action for the

forfeiture of property, which may be commenced by petition before

or after the seizure of property.



5. (1) If the petition is filed before seizure, it shall

state what property is sought to be forfeited, that the property

is within the jurisdiction of the court, the grounds for

forfeiture, and the names of all persons known to have or claim

an interest in the property. The court shall determine ex parte

whether there is reasonable cause to believe that the property is

subject to forfeiture and that notice to those persons having or

claiming an interest in the property prior to seizure would cause

the loss or destruction of the property. If the court finds that

reasonable cause does not exist to believe the property is

subject to forfeiture, it shall dismiss the proceeding. If the

court finds that reasonable cause does exist to believe the

property is subject to forfeiture but there is not reasonable

cause to believe that prior notice would result in loss or

destruction, it shall order service on all persons known to have

or claim an interest in the property prior to a further hearing

on whether a writ of seizure should issue. If the court finds

that there is reasonable cause to believe that the property is

subject to forfeiture and to believe that prior notice would

cause loss or destruction, it shall without any further hearing

or notice issue a writ of seizure directing the sheriff of the

county or other authorized law enforcement agency where the

property is found to seize it.



(2) Seizure may be effected by a law enforcement officer

authorized to enforce the criminal laws of this state prior to

the filing of the petition and without a writ of seizure if the

seizure is incident to a lawful arrest, search, or inspection and

the officer has probable cause to believe the property is subject

to forfeiture and will be lost or destroyed if not seized.

Within four days of the date of seizure, such seizure shall be

reported by said officer to the prosecuting attorney of the

county in which the seizure is effected or the attorney general;

and if in the opinion of the prosecuting attorney or attorney

general forfeiture is warranted, the prosecuting attorney or

attorney general shall, within ten days after receiving notice of

seizure, file a petition for forfeiture. The petition shall

state, in addition to the information required in subdivision (1)

of this subsection, the date and place of seizure. The burden of

proof will be on the investigative agency to prove all

allegations contained in the petition.



6. After the petition is filed or the seizure effected,

whichever is later, every person known to have or claim an

interest in the property shall be served, if not previously

served, with a copy of the petition and a notice of seizure in

the manner provided by the Missouri rules of court and rules of

civil procedure. Service by publication may be ordered upon any

party whose whereabouts cannot be determined or if there be

unknown parties.



7. The prosecuting attorney or attorney general to whom the

seizure is reported shall report annually by January thirty-first

for the previous calendar year all seizures. Such report shall

include the date, time, and place of seizure, the property

seized, the estimated value of the property seized, the person or

persons from whom the property was seized, the criminal charges

filed, and the disposition of the seizure, forfeiture and

criminal actions. The report shall be made to the director of

the Missouri department of public safety and shall be considered

an open record.



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