Kentucky Statutes 529.150 – Forfeiture of property used in connection with human trafficking — Distribution of proceeds
Current as of: 2024 | Check for updates
|
Other versions
(1) All property used in connection with or acquired as a result of a violation of KRS
529.100 or 529.110 shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS § 218A.405 to KRS § 218A.460, with the exception of the distribution of proceeds, which shall be distributed as required in this section.
(2) Proceeds from the assets seized and forfeited shall be distributed as follows: (a) Fifty percent (50%) shall be paid to the human trafficking victims fund;
(b) Forty-two and one-half percent (42.5%) shall be paid to the law enforcement agency or agencies that seized the property, to be used for direct law enforcement purposes; and
(c) Seven and one-half percent (7.5%) shall be paid to the Office of the Attorney General or, in the alternative, to the Prosecutors Advisory Council for deposit on behalf of the Commonwealth’s attorney or county attorney who has participated in the forfeiture proceeding, as determined by the court pursuant to KRS § 218A.420(9). Notwithstanding KRS Chapter 48, these funds shall be exempt from any state budget reduction acts.
The moneys identified in this subsection are intended to supplement any funds otherwise appropriated to the recipient and shall not supplant other funding of any recipient.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 25, sec. 10, effective June 25, 2013.
529.100 or 529.110 shall be subject to forfeiture under the same terms, conditions, and defenses and using the same process as set out in KRS § 218A.405 to KRS § 218A.460, with the exception of the distribution of proceeds, which shall be distributed as required in this section.
Terms Used In Kentucky Statutes 529.150
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Human trafficking: refers to criminal activity whereby one (1) or more persons are subjected to engaging in:
(a) Forced labor or services. See Kentucky Statutes 529.010 - State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(2) Proceeds from the assets seized and forfeited shall be distributed as follows: (a) Fifty percent (50%) shall be paid to the human trafficking victims fund;
(b) Forty-two and one-half percent (42.5%) shall be paid to the law enforcement agency or agencies that seized the property, to be used for direct law enforcement purposes; and
(c) Seven and one-half percent (7.5%) shall be paid to the Office of the Attorney General or, in the alternative, to the Prosecutors Advisory Council for deposit on behalf of the Commonwealth’s attorney or county attorney who has participated in the forfeiture proceeding, as determined by the court pursuant to KRS § 218A.420(9). Notwithstanding KRS Chapter 48, these funds shall be exempt from any state budget reduction acts.
The moneys identified in this subsection are intended to supplement any funds otherwise appropriated to the recipient and shall not supplant other funding of any recipient.
Effective: June 25, 2013
History: Created 2013 Ky. Acts ch. 25, sec. 10, effective June 25, 2013.