§ 11-19-24. Search warrants and forfeitures of gambling apparatus.
(a)(1) Search warrants to search for and seize gambling implements, apparatus, paraphernalia,
slips, tickets, and other property and devices kept, possessed or used in violation
of any of the provisions of this chapter, or as a means of committing a violation
of this chapter, may be issued as provided by law in chapter 5 of title 12; and all implements, apparatus, paraphernalia, slips, tickets, or other gambling
apparatus or devices found by any officer in executing a search warrant or which shall
be produced and brought into court shall be forfeited to the state, and further proceedings
shall be had thereon for their forfeiture as is prescribed by law in chapter 21 of title 12 and upon entry of final judgment of forfeiture shall be destroyed by order of the
court.
(2) In addition, those items of personal property other than gambling apparatus and devices,
including, but not limited to, motor vehicles and money or negotiable instruments
which were kept, possessed, or used in violation of any of the provisions of this
chapter and which have a monetary value may be seized and forfeited, and further proceedings
shall be had for their forfeiture as is prescribed by law in chapter 21 of title 12 and the further provisions of this section; provided, that no property or money used
by any person shall be forfeited under the provisions of this chapter unless it shall
appear that the owner of the property or money had knowledge, actual or constructive,
and was a consenting party to the alleged illegal act.
(b) Property taken or detained under this section shall not be repleviable, but shall
be deemed to be in the custody of the law enforcement agency making the seizure and
whenever property or money is forfeited under this chapter it shall be utilized as
follows:
(1) Where the seized property is a vessel, vehicle, aircraft, or other personal property,
it may be retained and used by the law enforcement agency that seized the property
where the use of the property is reasonably related to the law enforcement duties
of the seizing agency. If the seized property is a motor vehicle which is inappropriate
for use by law enforcement agency due to style, size or color, the seizing agency
shall be allowed to apply the proceeds of sale or the trade in value of the vehicle
towards the purchase of an appropriate vehicle for use for activities reasonably related
to law enforcement duties.
(2) The law enforcement agency may sell any forfeited property which is not required by
this chapter to be destroyed and which is not harmful to the public. The proceeds
from the sale are to be distributed in accordance with subdivision (3) of this subsection.
(3) As to the proceeds from the sale of seized property as referred to in subdivision
(2) of this subsection and as to personal property referred to in subsection (a) of
this section, the distribution shall be as follows:
(i) All proceeds of the forfeiture of real or personal property shall be distributed as
follows:
(A) Twenty percent (20%) of the proceeds shall be provided to the attorney general's department
to be used to further law enforcement activities pursuant to this chapter including,
but not limited to, investigations, prosecutions, and the administration of this chapter.
(B) Eighty percent (80%) of the proceeds shall be divided among the state and local law
enforcement agencies proportionately based upon their contribution to the investigation
of the criminal activity related to the asset being forfeited.
(ii) The law enforcement agencies involved in the investigation with the assistance of
the attorney general shall by agreement determine the respective proportionate share
to be received by each agency. If the agencies are unable to reach agreement, application
shall be made by one or more of the agencies involved to the presiding justice of
the superior court, who shall determine the respective proportionate share attributable
to each law enforcement agency. The proceeds from all forfeitures shall be held by
the general treasurer in a separate account until such time as an allocation is determined
by agreement of the agencies or by the presiding justice. It shall be the duty and
responsibility of the general treasurer to disburse the allocated funds from the separate
account to the respective law enforcement agencies.