#First forfeiture bill of particulars code

Contraband is subject to seizure and must be disposed of according to State law. (b) No property right exists in contraband, including prescription drugs without a valid prescription. (2) ammunition, firearms, and ammunition-and-firearm accessories used in the furtherance or commission of, or obtained from the proceeds of, a violation of a law subject to forfeiture. (1) land, buildings, containers, conveyances, equipment, materials, products, money, securities, and negotiable instruments and (a) Property subject to forfeiture is limited to: Property Subject to Forfeiture Contraband. (b) A prosecutor having jurisdiction over a law subject to forfeiture has authority to pursue forfeiture.

An ordinance enacted by a county, municipality, or other unit of government authorizing forfeiture is not valid. (a) Except for federal forfeitures consistent with §2340A of this Chapter, forfeiture may occur only pursuant to an explicit grant of authority in State law. The attorney shall submit a statement of reasonable fees and costs to the court in a manner directed by the court. If a court determines that a person opposing forfeiture is financially unable to obtain representation by counsel, the court, at the request of the person, shall insure that the person is represented by an attorney at the State’s expense. The court shall resolve any ambiguity in this Chapter relating to the State taking property through asset forfeiture in favor of the property owner. (b) The State shall establish that seized property is forfeitable under §2305A of this Chapter by clear and convincing evidence. (2) the violation is established by proof of a criminal conviction. (1) the violation is of a law subject to forfeiture and (a) Property used in or derived from the violation of a law is subject to forfeiture only if:

(3) instrumentalities the person used in the commission of the crime. (2) proceeds and property directly traceable to proceeds and property derived directly from the commission of the crime and

(1) proceeds and property the person derived directly from the commission of the crime (a) When a person is convicted of violating a law subject to forfeiture, the court, consistent with this Chapter, shall order the person to forfeit: (a) This Chapter sets out the exclusive process governing forfeitures in this State and supersedes any conflicting provisions in law. (3) protect against the wrongful forfeiture of property. (2) increase the pecuniary loss from criminal activity and (1) deter criminal activity by reducing its economic incentives (d) A “law subject to forfeiture” is a State law that carries a felony penalty and that explicitly includes forfeiture as a punishment or sanction for the offense. An “instrumentality” includes a tool, a firearm, a conveyance, a computer, computer software, a telecommunications device, money, and other means of exchange. (c) “Instrumentality” means property otherwise lawful to possess that is used in an offense. The term does not include property that is stolen or taken in violation of the law. (b) “Conveyance” means a device used for transportation and includes a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. (a) “Contraband” means goods that are unlawful to import, export or possess. This Act may be cited as the “Asset Forfeiture Process and Private Property Act”

#First forfeiture bill of particulars code

Add new Chapter to Title 11 of the Delaware Code by making deletions as shown by strikethrough and insertions as shown by underline as follows: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE: