500.090 Forfeiture

500.090 Forfeiture.

(1) Except as provided in KRS 500.092, all property which is subject to forfeiture

under any section of the Kentucky Penal Code shall be disposed of in accordance

with this section.

(a) Property other than firearms which is forfeited under any section of this code

may, upon order of the trial court, be destroyed by the sheriff of the county in

which the conviction was obtained.

(b) Property other than firearms which is forfeited under any section of this code

may, upon order of the trial court, be sold at public auction. The expenses of

keeping and selling such property and the amount of all valid recorded liens

that are established by intervention as being bona fide shall be paid out of the

proceeds of the sale. The balance shall be paid to:

1. The state, if the property was seized by an agency of the state or peace

officer thereof;

2. The county, if the property was seized by the sheriff or an agency or

peace officer of the county;

3. The Department of Fish and Wildlife Resources, if the property was

seized by a peace officer of the Department of Fish and Wildlife or was

seized by any other officer for violation of KRS Chapter 150;

4. The city, if the property was seized by the city or by an agency or peace

officer thereof and the property was delivered to the city property clerk;

5. The city (ninety percent (90%) of the proceeds) and the sheriff (ten

percent (10%) of the proceeds), if the property was seized by the city or

by an agency or peace officer thereof and the property was delivered to

the sheriff or the county police; or

6. The state, if the property was seized by any combination of agencies

listed above.

(c) Subject to the duty to return confiscated firearms and ammunition to innocent

owners pursuant to this section, all firearms and ammunition confiscated by a

state or local law enforcement agency, all firearms ordered forfeited by a

court, and all abandoned firearms and ammunition coming into the custody of

a state or local law enforcement agency and not retained for official use shall

be transferred to the Department of Kentucky State Police for disposition as

provided by KRS 16.220. The transfer shall occur not more than ninety (90)

days after the abandonment of the firearm or ammunition to the law

enforcement agency or not more than ninety (90) days after its confiscation,

unless a court requires the firearm or ammunition for use as evidence, in

which case it shall be transferred to the Department of Kentucky State Police

not more than ninety (90) days following the order of forfeiture by the court or

after the court returns the firearm or ammunition from use as evidence. Prior

to the sale of any firearm or ammunition, the law enforcement agency shall

make a bona fide attempt to determine if the firearm or ammunition to be sold

has been stolen or otherwise unlawfully obtained from an innocent owner and

return the firearm and ammunition to its lawful innocent owner, unless that

person is ineligible to purchase a firearm under federal law. This subsection

relating to auction of firearms and ammunition shall not apply to firearms and

ammunition auctioned by the Department of Fish and Wildlife that may be

sold to individual purchasers residing in Kentucky who are eligible under

federal law to purchase firearms and ammunition of the type auctioned.

(d) If property which is forfeited under any section of this code is determined by

the trial court to be worthless, encumbered with liens in excess of its value, or

otherwise a burdensome asset, the court may abandon any interest in such

property. Property which is abandoned pursuant to this section shall be

returned to the lawful claimant upon payment of expenses for keeping the

property.

.

(d) If property which is forfeited under any section of this code is determined by

the trial court to be worthless, encumbered with liens in excess of its value, or

otherwise a burdensome asset, the court may abandon any interest in such

property. Property which is abandoned pursuant to this section shall be

returned to the lawful claimant upon payment of expenses for keeping the

property.

(e) Property which is forfeited under any section of this code may, upon order of

the trial court, be retained for official use in the following manner. Property

which has been seized by an agency of the state may be retained for official

state use. Property which has been seized by an agency of county, city, or

urban-county government may be retained for official use by the government

whose agency seized the property or for official state use. Property seized by

any other unit of government may be retained only for official state use. The

expenses for keeping and transferring such property shall be paid by the unit

of government by which the property is retained.

(2) Money which has been obtained or conferred in violation of any section of this code

shall, upon conviction, be forfeited for the use of the state. This subsection shall not

apply when, during the course of the proceeding in which the conviction is

obtained, the person from whom said money was unlawfully acquired is identified.

(3) Property forfeited under any section of this code shall be disposed of in accordance

with this section only after being advertised pursuant to KRS Chapter 424. This

subsection shall not apply to property which is designed and suitable only for

criminal use or to money forfeited under subsection (2) of this section.

(4) The trial court shall remit the forfeiture of property when the lawful claimant:

(a) Asserts his or her claim before disposition of the property pursuant to this

section;

(b) Establishes his or her legal interest in the property; and

(c) Establishes that the unlawful use of the property was without his or her

knowledge and consent. This subsection shall not apply to a lienholder of

record when the trial court elects to dispose of the property pursuant to

subsection (1)(b) of this section.

(5) For purposes of this section, "lawful claimant" means owner or lienholder of record.

(6) Before property which has had its identity obscured in violation of KRS 514.120

may be sold or retained for official use as provided in this section, the court shall

cause a serial or other identifying number to be placed thereon, and a record of the

number assigned shall be placed in the court order authorizing the sale or retention

of the property. This number shall be assigned, whenever applicable, in consultation

with the Department of Kentucky State Police and any other state or federal

regulatory agency. The purchaser of the property shall be given a document stating

that the property had been forfeited pursuant to law and that a number, shown on

the document, has been assigned which shall be deemed as compliance of the owner

with KRS 514.120. When property is returned to an owner pursuant to this section

and its identity has been obscured by another person in violation of KRS 514.120,

the court shall provide a document to the owner relieving him or her of liability for

its continued possession. This document shall serve as evidence of compliance with

KRS 514.120 by the owner or any person to whom he or she lawfully disposes of

the property. This section shall not apply to any person after property has been sold

or returned in compliance with this section who violates the provisions of KRS

514.120 with respect to that property.

ng him or her of liability for

its continued possession. This document shall serve as evidence of compliance with

KRS 514.120 by the owner or any person to whom he or she lawfully disposes of

the property. This section shall not apply to any person after property has been sold

or returned in compliance with this section who violates the provisions of KRS

514.120 with respect to that property.

(7) Before forfeiture of any property under this section, it shall be the duty of the trial

court to determine if a lawful owner or claimant to the property has been identified

or is identifiable. If a lawful owner or claimant has been identified or is identifiable,

the court shall notify the owner or claimant that the property is being held and

specify a reasonable period of time during which the claim may be made or may, in

lieu thereof, order the return of the property to the lawful owner or claimant. If the

lawful owner or claimant does not assert his or her claim to the property after

notification or if he or she renounces his or her claim to the property, the property

shall be disposed of as provided in this section. It shall be the duty of all peace

officers and other public officers or officials having knowledge of the lawful owner

or claimant of property subject to forfeiture to report the same to the trial court

before the act of forfeiture occurs.