Idaho § 18-8613 FORFEITURE REQUEST — REBUTTABLE PRESUMPTION

Idaho Statutes

§ 18-8613 — FORFEITURE REQUEST — REBUTTABLE PRESUMPTION

Idaho·Title 18 CRIMES AND PUNISHMENTS·Ch. 86 HUMAN TRAFFICKING

(1)Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-8611, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.

(2)There shall be a rebuttable presumption that any property of a person subject to the provisions of section 18-8611, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that

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(1) Property subject to criminal forfeiture under the provisions of this chapter shall not be ordered forfeited unless the attorney general or the appropriate prosecuting attorney has filed a separate allegation within the criminal proceeding seeking forfeiture of specific property as described in section 18-8611, Idaho Code. The attorney general or appropriate prosecuting attorney shall file, within fourteen (14) days of the filing of the criminal information or indictment, a separate part II forfeiture request and notice with the trial court.
(2) There shall be a rebuttable presumption that any property of a person subject to the provisions of section 18-8611, Idaho Code, is subject to forfeiture under this chapter if the state of Idaho establishes by a preponderance of the evidence that:
(a) The property was acquired by a person during the period of the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code, or within a reasonable time after such violation; and
(b) There was no likely source for such property other than the violation of any section of this chapter for which criminal forfeiture may be ordered, pursuant to section 18-8611, Idaho Code.

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