| 195.140 |
NARCOTIC NEWS
Drug Law in Missouri 195.140
Drug Law in Missouri 195.140
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Forfeiture of controlled substances and drug paraphernalia, when
--disposal--money, records in close proximity also forfeited, rebuttable
presumption--procedure
--disposal--money, records in close proximity also forfeited, rebuttable
presumption--procedure
1. All controlled substances, imitation controlled substances or drug
paraphernalia for the administration, use or manufacture of controlled
substances or imitation controlled substances and which have come into the
custody of a peace officer or officer or agent of the department of health and
senior services as provided by sections 195.010 to 195.320, the lawful
possession of which is not established or the title to which cannot be
ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal
Procedure for the courts of Missouri or some other appropriate hearing, shall
be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court or associate circuit
judge having jurisdiction shall order such controlled substances, imitation
controlled substances, or drug paraphernalia forfeited and destroyed. A record
of the place where said controlled substances, imitation controlled
substances, or drug paraphernalia were seized, of the kinds and quantities of
controlled substances, imitation controlled substances, or drug paraphernalia
so destroyed, and of the time, place and manner of destructions, shall be kept,
and a return under oath, reporting the destruction of the controlled substances,
imitation controlled substances, or drug paraphernalia shall be made to the
court or associate circuit judge;
(2) The department of health and senior services shall keep a complete record
of all controlled substances, imitation controlled substances, or drug
paraphernalia received and disposed of, together with the dates of such receipt
and disposal, showing the exact kinds, quantities, and forms of such controlled
substances, imitation controlled substances, or drug paraphernalia; the
persons from whom received and to whom delivered; and by whose authority
they were received, delivered or destroyed; which record shall be open to
inspection by all federal or state officers charged with the enforcement of
federal and state narcotic or controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished, in exchange for
a controlled substance, imitation controlled substance or drug paraphernalia in
violation of sections 195.010 to 195.320, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, or securities used, or
intended to be used, to facilitate any violation of sections 195.010 to 195.320
shall be forfeited, except that no property shall be forfeited under this
subsection to the extent of the interest of an owner by reason of any act or
omission established by him to have been committed without his knowledge or
consent.
(2) Any moneys, coin, or currency found in close proximity to forfeitable
controlled substances, imitation controlled substances, or drug paraphernalia,
or forfeitable records of the importation, manufacture, or distribution of
controlled substances, imitation controlled substances or drug paraphernalia
are presumed to be forfeitable under this subsection. The burden of proof shall
be upon claimants of the property to rebut this presumption.
(3) All forfeiture proceedings shall be conducted pursuant to the provisions of
sections 513.600 to 513.660*, RSMo.
(RSMo 1939 § 9845, A.L. 1953 p. 628, A.L. 1971 H.B. 69, A.L. 1982 S.B. 522,
A.L. 1993 S.B. 180, A.L. 2004 H.B. 1427)
*This section does not exist.
(1986) This section is neither unconstitutionally broad nor unconstitutionally
vague, nor does rebuttable presumption in favor of forfeiture violate due
process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo. banc).
(1993) Where currency found in close proximity to contraband marijuana
created rebuttable presumption that money was acquired from an illegal activity
and defendant did not meet burden of proof to rebut presumption, forfeiture of
money under section is not punitive because one who commits crime has no
greater interest in fruits of crime than state. Eighth Amendment of United States
prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485
(Mo. App. W.D.).
(1999) Property which is presumed forfeitable under section requires
conviction of guilt before judgment of forfeiture can be entered under Criminal
Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738 (Mo.App.W.D.).
paraphernalia for the administration, use or manufacture of controlled
substances or imitation controlled substances and which have come into the
custody of a peace officer or officer or agent of the department of health and
senior services as provided by sections 195.010 to 195.320, the lawful
possession of which is not established or the title to which cannot be
ascertained after a hearing as prescribed in Rule 34 of Rules of Criminal
Procedure for the courts of Missouri or some other appropriate hearing, shall
be forfeited, and disposed of as follows:
(1) Except as in this section otherwise provided, the court or associate circuit
judge having jurisdiction shall order such controlled substances, imitation
controlled substances, or drug paraphernalia forfeited and destroyed. A record
of the place where said controlled substances, imitation controlled
substances, or drug paraphernalia were seized, of the kinds and quantities of
controlled substances, imitation controlled substances, or drug paraphernalia
so destroyed, and of the time, place and manner of destructions, shall be kept,
and a return under oath, reporting the destruction of the controlled substances,
imitation controlled substances, or drug paraphernalia shall be made to the
court or associate circuit judge;
(2) The department of health and senior services shall keep a complete record
of all controlled substances, imitation controlled substances, or drug
paraphernalia received and disposed of, together with the dates of such receipt
and disposal, showing the exact kinds, quantities, and forms of such controlled
substances, imitation controlled substances, or drug paraphernalia; the
persons from whom received and to whom delivered; and by whose authority
they were received, delivered or destroyed; which record shall be open to
inspection by all federal or state officers charged with the enforcement of
federal and state narcotic or controlled substances laws.
2. (1) Everything of value furnished, or intended to be furnished, in exchange for
a controlled substance, imitation controlled substance or drug paraphernalia in
violation of sections 195.010 to 195.320, all proceeds traceable to such an
exchange, and all moneys, negotiable instruments, or securities used, or
intended to be used, to facilitate any violation of sections 195.010 to 195.320
shall be forfeited, except that no property shall be forfeited under this
subsection to the extent of the interest of an owner by reason of any act or
omission established by him to have been committed without his knowledge or
consent.
(2) Any moneys, coin, or currency found in close proximity to forfeitable
controlled substances, imitation controlled substances, or drug paraphernalia,
or forfeitable records of the importation, manufacture, or distribution of
controlled substances, imitation controlled substances or drug paraphernalia
are presumed to be forfeitable under this subsection. The burden of proof shall
be upon claimants of the property to rebut this presumption.
(3) All forfeiture proceedings shall be conducted pursuant to the provisions of
sections 513.600 to 513.660*, RSMo.
(RSMo 1939 § 9845, A.L. 1953 p. 628, A.L. 1971 H.B. 69, A.L. 1982 S.B. 522,
A.L. 1993 S.B. 180, A.L. 2004 H.B. 1427)
*This section does not exist.
(1986) This section is neither unconstitutionally broad nor unconstitutionally
vague, nor does rebuttable presumption in favor of forfeiture violate due
process. State ex rel. Cook v. Saynes, 713 S.W.2d 258 (Mo. banc).
(1993) Where currency found in close proximity to contraband marijuana
created rebuttable presumption that money was acquired from an illegal activity
and defendant did not meet burden of proof to rebut presumption, forfeiture of
money under section is not punitive because one who commits crime has no
greater interest in fruits of crime than state. Eighth Amendment of United States
prohibiting excessive fines is not applicable. State v. Meister, 866 S.W.2d 485
(Mo. App. W.D.).
(1999) Property which is presumed forfeitable under section requires
conviction of guilt before judgment of forfeiture can be entered under Criminal
Activity Forfeiture Act. State v. Eicholz, 999 S.W.2d 738 (Mo.App.W.D.).