On page 1, line 1, of the Introduced bill, delete "provide for a formal " and insert "modify the "
On page 1, line 1, delete "criminal " and insert "for civil "
On the Introduced bill, delete everything after the enacting clause and insert:
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Section 1. That § 34-20B-70 be AMENDED.
34-20B-70. Property subject to forfeiture.
The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them:
(1) All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42;
(2) All
raw materials, products, and equipment of any kind which are used or
intended for use, in manufacturing, compounding, or
processing,
importing, or exporting
any controlled drug or substance or marijuana
in excess of one-half pound
in violation of the provisions of this chapter or chapter 22-42;
(3) All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2);
(4) All
conveyances including aircraft, vehicles, or vessels, which
transport, possess, or conceal, or which
are used, or intended for use, to transport,
or in any manner facilitate
the transportation,
sale, receipt, unlawful
distribution or possession,
or concealment of
with the intent to distribute
marijuana in excess of one-half pound or any quantity of any other
property described in subdivision (1) or (2),
except as provided in §§ 34-20B-71 to 34-20B-73,
inclusive. This subdivision includes those instances in which a
conveyance transports, possesses or conceals marijuana or a
controlled substance as described herein without the necessity of
showing that the conveyance is specifically being used to transport,
possess, or conceal or facilitate the transportation, possession, or
concealment of marijuana or a controlled substance in aid of any
other offense;
(5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;
(6) Any
funds or other things of value used for the purposes of unlawfully
purchasing, attempting to purchase, distributing, or attempting to
distribute any controlled drug or substance or
marijuana
in an amount intended for distribution and not for personal use, and
marijuana in excess of one-half pound;
or
(7) Any
assets, interest, profits, income, and proceeds acquired or derived
from the unlawful purchase, attempted purchase, distribution, or
attempted distribution of any controlled drug or substance
or marijuana
in an amount intended for distribution and not for personal use, and
marijuana in excess of one-half pound.
Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of § 23A-49-14, and property described in subdivision (4) is subject to forfeiture under the terms of § 23A-49-15.
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