2C:64-5 Seized property; rights of owners and others holding interests.

Seized Property; Rights of Owners and Others Holding Interests.

a. Forfeiture pursuant to this chapter shall not affect the rights of any lessor in the ordinary course of business or any person holding a perfected security interest in property subject to seizure unless it shall appear that the person had knowledge of or consented to any act or omission upon which the right of forfeiture is based. These rights are only to the extent of interest in the seized property and at the option of the entity funding the prosecuting agency involved may be extinguished by appropriate payment.

b. Property seized under this chapter shall not be subject to forfeiture if:

(1) the prosecutor fails to establish by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity: or

(2) the prosecutor establishes by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity, but the owner establishes by a preponderance of the evidence that the owner had done all that could reasonably be expected to prevent the proscribed use of the property by an agent. A person who uses or possesses property with the consent or knowledge of the owner is deemed to be the agent of the owner for purposes of this chapter.

c. Property seized under this chapter shall not be subject to forfeiture if the property is seized while entrusted to a person by the owner or the agent of the owner when the property has been entrusted to the person for repairs, restoration or other services to be performed on the property, and that person, without the owner's knowledge or consent, uses the property for unlawful purposes.

amended 1979, c.344, s.5; 1981, c.290, s.50; 1986, c.79; 2019, c.371, s.3.