§ 5-5-101 — Disposition of contraband and seized property

Arkansas § 5-5-101

• Jurisdiction: Arkansas
• Title: 5

Text

(a) Any seized property shall be returned to the rightful owner or possessor of the seized property except contraband owned by a defendant. (b) (1) As used in this section, "contraband" means any: (A) Article possessed under a circumstance prohibited by law; (B) Weapon or other instrument used in the commission or attempted commission of a felony; (C) Visual, print, or electronic medium that depicts sexually explicit conduct involving a child prohibited under § 5-27-304 ; (D) Visual, print, or electronic medium that contains a sexual performance of a child prohibited under § 5-27-403 ; (E) Item the possession of which is prohibited by § 5-27-602 ; (F) Item the production of which is prohibited by § 5-27-603 ; (G) Item the production of which is prohibited by § 5-27-605 ; or (H) Other article designated "contraband" by law. (2) "Contraband" does not include a visual, a print, or an electronic medium created, obtained, or possessed by licensed medical personnel or a regulated medical facility for the purpose of treatment or documentation of injuries to a child. (c) (1) Contraband shall be destroyed. (2) Except as limited under subdivision (c)(3) of this section, in the discretion of the court having jurisdiction, any contraband capable of lawful use may be: (A) Retained for use by the law enforcement agency responsible for the arrest; (B) Sold and the proceeds disposed of in the manner provided by subsections (e)-(g) of this section; or (C) Traded to a federally licensed firearms dealer as provided by subsection (h) of this section. (3) Contraband described in subdivisions (b)(1)(C)-(H) of this section and having no lawful use shall not be retained. (d) (1) (A) Except as provided in subdivision (d)(2) or subsection (h) of this section, unclaimed seized property shall be sold at public auction to be held by the chief law enforcement officer of the county, city, or town law enforcement agency that seized the unclaimed seized property or the chief law enforcement officer's designee. (B) The proceeds of the sale, less the cost of the sale and any storage charge incurred in preserving the unclaimed seized property, shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. (2) (A) Unclaimed seized property that is a recreational item may be donated at no cost to a local or state agency, a nonprofit organization, or an educational program designed to provide education, assistance, or recreation to children. (B) (i) As used in subdivision (d)(2)(A) of this section, "recreational item" means an item generally used for children's activities and play. (ii) "Recreational item" includes without limitation a bicycle but does not include a motor vehicle or motorcycle. (e) The time and place of sale of seized property shall be advertised: (1) For at least fourteen (14) days next before the day of sale by posting written notice at the courthouse door; and (2) By publication in the form of at least two (2) insertions, at least three (3) days apart, before the day of sale in a weekly or daily newspaper published or customarily distributed in the county. (f) (1) Any seized property to be sold at public sale shall be offered for sale on the day for which it was advertised between 9:00 a.m. and 3:00 p.m., publicly, by auction, and for ready money. (2) The highest bidder shall be the purchaser. (g) (1) The proceeds from any sale of seized property shall be delivered to the county, city, or town treasurer, as the case may be, to be held by him or her in a separate account for a period of three (3) months. (2) If any person during the time described in subdivision (g)(1) of this section establishes to the satisfaction of the county, city, or town treasurer that he or she was at the time of sale the owner of any seized property sold as provided in subsection (f) of this section, the person shall be paid the amount realized from sale of the seized property less the expenses of the sale. (3) Any money in the separate account not claimed or paid within the designated three-month period shall be paid into the general fund of the county, city, or town whose law enforcement agency performed the seizure. (h) (1) A law enforcement agency to which contraband or unclaimed seized property that is a firearm is forfeited may trade the firearm to a federally licensed firearms dealer for credit toward future purchases by the law enforcement agency. (2) If the firearm is unable to be traded to a federally licensed firearms dealer, the law enforcement agency may dispose of the firearm as the law enforcement agency deems appropriate. (i) (1) A law enforcement agency disposing of contraband or seized property under this section shall maintain a written report that includes without limitation: (A) A list and description, including without limitation a serial number, of all property disposed, traded for credit, or sold at auction; (B) The dollar amount of any credit obtained by the law enforcement agency and the contact information for the federally licensed dealer with which the credit is held; (C) The dollar amount of any funds received at auction and where the funds were deposited; and (D) An explanation for any credit used, including without limitation a description of items purchased with the credit and the dollar amount of the purchase. (2) The written report required under subdivision (i)(1) of this section shall be provided: (A) To the elected body that oversees the finances and operations of the law enforcement agency; and (B) Within thirty (30) days of: (i) The date a firearm or item of contraband is traded to a federally licensed dealer by a law enforcement agency; and (ii) The date a credit with a federally licensed dealer is used by the law enforcement agency.

Legislative History

Amended by Act 2023, No. 412,§ 3, eff. 3/30/2023. Amended by Act 2023, No. 412,§ 2, eff. 3/30/2023. Amended by Act 2023, No. 412,§ 1, eff. 3/30/2023. Acts 1975, No. 280, § 1401; 1977, No. 360, § 4; A.S.A. 1947, § 41-1401; Acts 1991, No. 1030, § 1; 2003, No. 135, § 1; 2007, No. 703, §§ 1, 2; 2009, No. 748, § 5; 2011, No. 171, § 1.