513.615. Rights of innocent party not subject to forfeiture--innocent party, defined. - Missouri Statutes

Rights of innocent party not subject to forfeiture--innocent party,defined.

513.615. The interest of an innocent party in the propertyshall not be subject to forfeiture. An "innocent party " is onewho did not have actual knowledge that the property was used orintended for use in the course of, derived from or realizedthrough a criminal activity. Any innocent party shall have aright or claim to forfeited property or to the proceeds derivedtherefrom superior to any right or claim the state or the countyhas in the same property or proceeds. To enforce such a claim,the innocent party must intervene in the forfeiture proceedingprior to its final disposition; except that, with respect to anyproperty for which the state maintains records of ownership, ifthe certificate of title, the official records or other evidenceof ownership indicates the existence of a lien on the seizedproperty or the ownership of the property by someone other thanthe defendant, the named lienholder or owner shall be a necessaryparty to the action commenced under this section unless the partyhas by affidavit released the lien. The lienholder or ownershall have no obligation to intervene to protect his rights, butthe court shall determine the validity of the lien.

(L. 1986 S.B. 450 § 9)

Effective 3-17-86