§ 5-5-204 - Use or sale of conveyances -- Disposition of sale proceeds. - Arkansas Statutes

5-5-204. Use or sale of conveyances -- Disposition of sale proceeds.

(a) Upon conviction, when the circuit court having jurisdiction over the conveyance seized finds upon a hearing by a preponderance of the evidence that a ground for a forfeiture exists under this subchapter, the circuit court shall enter an order to:

(1) Permit the law enforcement agency or the prosecuting attorney for the judicial district in which the conveyance was seized to retain the conveyance for official use; or

(2) (A) Permit the law enforcement agency to sell the conveyance at a public or private sale.

(B) In the event of a sale, the circuit court shall provide by order that the proceeds be used for payment of any proper expense of the proceeding for forfeiture and sale, including expenses of:

(i) Investigation;

(ii) Seizure;

(iii) Maintenance of custody;

(iv) Advertising; and

(v) Court costs.

(b) Any proceeds from the sale of a forfeited conveyance under this subchapter in excess of a proper expense shall be distributed as follows:

(1) Forty percent (40%) to be deposited into the State Treasury as special revenues to the credit of the Department of Arkansas State Police Fund;

(2) (A) Forty percent (40%) to the law enforcement agency that perfected the arrest.

(B) However, if a federal agency perfected the arrest the forty percent (40%) under subdivision (b)(2)(A) of this section shall be distributed to the county sheriff's office of the county responsible for the prosecution; and

(3) Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.