1. A. The state acquires provisional title to seized property at the time the property was used or acquired in connection with an offense that subjects the property to forfeiture. Provisional title authorizes the state to hold and protect the property. Title to the property shall vest with the state when a trier of fact renders a final forfeiture verdict and the title relates back to the time when the state acquired provisional title; provided that the title is not subject to claims by third parties that are adjudicated pursuant to the Forfeiture Act.

2. B. Unless possession of the property is illegal or a different disposition is specifically provided for by law and except as provided in this section, forfeited property that is not currency shall be delivered along with any abandoned property to the state treasurer or the state treasurer's designee for disposition at a public auction. Forfeited currency and all proceeds of the sale of forfeited or abandoned property shall be distributed by the state treasurer as follows:

   1. (1) first, to reimburse the reasonable expenses related to the storage, protection and transfer of the property incurred by a law enforcement agency or the state treasurer;
   2. (2) second, to pay any reasonable expenses incurred to dispose of the property by a law enforcement agency or the state treasurer; and
   3. (3) third, any remaining balance shall be deposited in the general fund.
3. C. Proceeds from the sale of forfeited property received by the state from another jurisdiction shall be deposited in the general fund.
4. D. A law enforcement agency or public body that receives reimbursement pursuant to Subsection B of this section shall inform the state auditor of that fact at the time of the agency's or body's annual audit.
5. E. A forfeited property interest is subject to the interest of a secured party unless, in the forfeiture proceeding, the state proves by clear and convincing evidence that the secured party had actual knowledge of the crime that relates to the seizure of the property.
6. F. Abandoned property shall be disposed of in the same manner as provided in Subsection B of this section.

7. G. Property subject to forfeiture that is in a law enforcement agency's possession becomes abandoned property and may be disposed of as such without a conviction if:

   1. (1) there is no innocent owner; and

   2. (2) the criminal prosecution of the owner of the seized property cannot proceed because for a period in excess of one year and one day:

      1. (a) a bench warrant has been pending as a result of the defendant failing to appear; or
      2. (b) the owner fugitates.

History: Laws 2002, ch. 4, § 7; 2015, ch. 152, § 8; 2019, ch. 133, § 7.

ANNOTATIONS

The 2019 amendment, effective April 2, 2019, included abandoned property in the provisions related to the disposition of forfeited property, provided the order in which the proceeds of the sale of forfeited or abandoned property shall be distributed, and required law enforcement agencies that receive proceeds from the sale of forfeited or abandoned property to provide this information to the state auditor; in the section heading, after "forfeited property and", added "abandoned property"; in Subsection B, in the introductory paragraph, after "state treasurer", added "or the state treasurer's designee", and after "property shall be", added "distributed by the state treasurer as follows:", added new Paragraphs B(1) and B(2) and new paragraph designation "(3)", in Paragraph B(3), after the paragraph designation, added "third, any remaining balance shall be"; added new Subsection D and redesignated former Subsection D as Subsection E; in Subsection E, after "A", added "forfeited", and after "property interest", deleted "forfeited to the state pursuant to the Forfeiture Act"; and added new Subsections F and G.

Applicability. — Laws 2019, ch. 133, § 13 provided that the provisions of the Forfeiture Act apply to seized and abandoned property in the possession of a law enforcement agency or the state treasurer on and after April 2, 2019.

Temporary provisions. — Laws 2019, ch. 133, § 11 provided that the New Mexico supreme court shall issue procedural court rules to implement the provisions of this act.

Laws 2019, ch. 133, § 12 provided that abandoned property in the possession of a law enforcement agency or the state treasurer on April 2, 2019 shall be disposed of pursuant to Section 29-1-14 NMSA 1978.

The 2015 amendment, effective July 1, 2015, amended the provisions relating to title of seized property; in the catchline, added "Title to seized property", and "and proceeds"; added a new Subsection A and redesignated former Subsection A as Subsection B; in new Subsection B, after "provided in", deleted "Subsection C of", after "forfeited property", deleted "if it" and added "that", after "currency shall be", deleted "sold at public sale by the law enforcement agency in possession of the property" and added "delivered along with any abandoned property to the state treasurer for disposition at a public auction", after "sale or forfeited", added "or abandoned", and after "property shall be", deleted "distributed", and deleted Paragraphs (1) through (3); added a new Subsection C and redesignated former Subsection B as Subsection D; in new Subsection D, deleted "Any" and added "A", after "forfeited to the state", deleted "and disposed of", after "unless", deleted "at" and added "in", after "secured party", deleted "knew or should have known" and added "had actual knowledge", and after "crime", added "that relates to the seizure of the property"; and deleted former Subsections C and D.