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2016 Statute



Prev Article 41. - ASSET SEIZURE AND FORFEITURENext


60-4103. Jurisdiction and venue. (a) The district court has jurisdiction under this act over:

(1) All interests in property if the property for which forfeiture is sought is within this state at the time the action is filed; or

(2) the interest of an owner or interest holder in the property if the owner or interest holder is subject to personal jurisdiction in this state.

(b) (1) In addition to the venue provided for under any other provision of law, a proceeding for forfeiture under this act may be commenced and maintained in the county in which any part of the property is found or in the county in which a civil or criminal action could be commenced and maintained against an owner or interest holder for the conduct alleged to give rise to the forfeiture.

(2) (A) Except as provided in subsection (b)(2)(B), any proceeding for forfeiture brought by the attorney general may be commenced and maintained in:

(i) Any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law; or

(ii) Shawnee county unless a motion to change venue is properly filed with the court not later than 20 days after service of the petition commencing such proceeding. If such motion to change venue is properly filed, the court shall transfer the proceeding to another county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.

(B) If a proceeding for forfeiture is brought by the attorney general and involves property, law enforcement agencies, or owners or interest holders of property in multiple counties, such proceeding may be commenced and maintained in:

(i) Shawnee county; or

(ii) any county in which there is proper venue as provided in subsection (b)(1) or any other provision of law.

History: L. 1994, ch. 339, § 3; L. 2013, ch. 25, § 1; July 1.



Prev Article 41. - ASSET SEIZURE AND FORFEITURENext
2017. Powered by KLISS. Rendered: 2017-11-25T22:01:46. Head Rev No: 339333