Sec. 54-33g. Summons to owner on seizure of property. In rem action for adjudication as nuisance. Disposition of property. - Connecticut Statutes

      Sec. 54-33g. Summons to owner on seizure of property. In rem action for adjudication as nuisance. Disposition of property. (a) When any property believed to be possessed, controlled, designed or intended for use or which is or has been used or which may be used as a means of committing any criminal offense, except a violation of section 21a-267, 21a-277, 21a-278 or 21a-279, has been seized as a result of a lawful arrest or lawful search, which the state claims to be a nuisance and desires to have destroyed or disposed of in accordance with the provisions of this section, the judge or court issuing the warrant or before whom the arrested person is to be arraigned shall, within ten days after such seizure, cause to be left with the owner of, and with any person claiming of record a bona fide mortgage, assignment of lease or rent, lien or security interest in, the property so seized, or at his usual place of abode, if he is known, or, if unknown, at the place where the property was seized, a summons notifying the owner and any such other person claiming such interest and all others whom it may concern to appear before such judge or court, at a place and time named in such notice, which shall be not less than six nor more than twelve days after the service thereof. Such summons may be signed by a clerk of the court or his assistant and service may be made by a local or state police officer. It shall describe such property with reasonable certainty and state when and where and why the same was seized.

      (b) If the owner of such property or any person claiming any interest in the same appears, he shall be made a party defendant in such case. Any state's attorney or assistant state's attorney may appear and prosecute such complaint and shall have the burden of proving all material facts by clear and convincing evidence.

      (c) If the judge or court finds the allegations made in such complaint to be true and that the property has been possessed, controlled or designed for use, or is or has been or is intended to be used, with intent to violate or in violation of any of the criminal laws of this state, except a violation of section 21a-267, 21a-277, 21a-278 or 21a-279, he shall render judgment that such property is a nuisance and order the same to be destroyed or disposed of to a charitable or educational institution or to a governmental agency or institution provided, if any such property is subject to a bona fide mortgage, assignment of lease or rent, lien or security interest, such property shall not be so destroyed or disposed of in violation of the rights of the holder of such interest. When any money or valuable prize has been seized upon such warrant and condemned under the provisions of this section, such money or valuable prize shall become the property of the state and when the property is money it shall be deposited in the General Fund, provided any such property, which at the time of such order is subject to a bona fide mortgage, assignment of lease or rent, lien or security interest shall remain subject to such mortgage, assignment of lease or rent, lien or security interest. When any property or valuable prize has been declared a nuisance and condemned under this section, the court may also order that such property be sold by sale at public auction in which case the proceeds shall become the property of the state and shall be deposited in the General Fund; provided, any person who has a bona fide mortgage, assignment of lease or rent, lien or security interest shall have the same right to the proceeds as he had in the property prior to sale. Final destruction or disposal of such property shall not be made until any criminal trial in which such property might be used as evidence has been completed.

      (d) If the judge or court finds the allegations not to be true or that the property has not been kept with intent to violate or in violation of the criminal laws of this state or that it is the property of a person not a defendant, he shall order the property returned to the owner forthwith and the party in possession of such property pending such determination shall be responsible and personally liable for such property from the time of seizure and shall immediately comply with such order.

      (e) Failure of the state to proceed against such property in accordance with the provisions of this section shall not prevent the use of such property as evidence in any criminal trial.

      (1963, P.A. 652, S. 8; February, 1965, P.A. 215; 574, S. 47; 1972, P.A. 49; P.A. 75-54, S. 1, 3; P.A. 76-77, S. 4; 76-436, S. 531, 681; P.A. 80-313, S. 11; P.A. 84-540, S. 4, 7; P.A. 87-294, S. 1; P.A. 89-269, S. 3.)

      History: 1965 acts specified applicability of provisions to seized property "which the state claims to be a nuisance and desires to have destroyed or disposed of in accordance with the provisions of this section" and added provision allowing use of property which state has failed to proceed against as evidence in criminal trial; 1972 act referred to property "possessed, controlled or designed for use ... or intended to be used" in violation of criminal laws rather than to property "kept" in connection with violation of law and added proviso re superior court's assumption of trial jurisdiction; P.A. 75-54 changed deadline for issuing summons from 48 hours after seizure to 10 days after seizure and clarified applicability re property which is subject to liens; P.A. 76-77 added provision re sale of property at public auction; P.A. 76-436 replaced prosecuting attorneys with assistant state's attorneys and deleted proviso re superior court's assumption of trial jurisdiction rendered obsolete because of transfer of all trial jurisdiction to that court, effective July 1, 1978; P.A. 80-313 divided section into Subsecs. and moved provision re final destruction or disposal of property but made no substantive changes; P.A. 84-540 deleted reference in Subsec. (a) to property seized "pursuant to subdivision (1) of subsection (b) of section 54-33a" and substituted reference to property "believed to be possessed, controlled, designed or intended for use or which is or has been used as a means of committing any criminal offense" seized "as a result of a search incident to an arrest, a warrantless arrest or a search warrant"; expanded provision in Subsec. (a) requiring judge or court "issuing the warrant" to issue a summons to include judge or court "before whom the arrested person is to be arraigned"; P.A. 87-294 amended Subsec. (c) to specify that property which is money shall be deposited in the general fund; P.A. 89-269 amended Subsec. (a) to add exception for "a violation of section 21a-267, 21a-277, 21a-278 or 21a-279", to require that the property has been seized as a result of a "lawful arrest or lawful search" rather than a "search incident to an arrest, a warrantless arrest or a search warrant", and to delete provision that the summons notify the owner to appear "then and there to show cause why such property should not be adjudged a nuisance and ordered to be destroyed or otherwise disposed of as herein provided", amended Subsec. (b) to place on the state's attorney or assistant state's attorney "the burden of proving all material facts by clear and convincing evidence" and amended Subsec. (c) to add exception for "a violation of section 21a-267, 21a-277, 21a-278 or 21a-279".

      See note to Sec. 54-33a.

      Origin of former statute. 126 C. 433. Under former statute, obscene materials could be destroyed regardless of who possessed them or of knowledge or intent in such possession. 146 C. 78. Intervening federal tax lien has precedence over state's inchoate claim which is not perfected until a final adjudication of forfeiture. 176 C. 339. Cited. 192 C. 98. Cited. 194 C. 589. Cited. 196 C. 471. Cited. 204 C. 259. Cited. 207 C. 743.

      Statute requires that the issuance of the warrant, pursuant to which the property sought to be confiscated is seized, precede the seizure and that the seizure take place pursuant to that warrant. 1 CA 315. "This statute, being a forfeiture statute, must be read and applied strictly." 5 CA 540. Cited. 15 CA 589. Cited. 19 CA 195; Id., 588. Cited. 39 CA 40.

      Cited. 36 CS 551.

      Seizure warrant is prerequisite to condemnation of gambling device. 2 Conn. Cir. Ct. 399. Action to condemn is civil and state has right to appeal. Id. Cited. 3 Conn. Cir. Ct. 96. Defendant's lack of knowledge his car was being used by person to who he entrusted it for policy playing is no defense to forfeiture proceeding. 5 Conn. Cir. Ct. 1. Cited. Id., 44, 46. Cited. 6 Conn. Cir. Ct. 283. Not a criminal statute, but provides for forfeiture of car used in violation of law by in rem civil action. Id., 284.

      Subsec. (a):

      Time limit is directory, not mandatory. 19 CA 195. Cited. 23 CA 724.