CHAPTER 246

FORMERLY

SENATE BILL NO. 297

AS AMENDED BY SENATE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 47, PART IV, TITLE 16 OF THE DELAWARE CODE RELATING TO CONTROLLED SUBSTANCES; AND PROVIDING FOR A FORFEITURE OF DRUG PROFITS ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. This Act shall be known and may be cited as the "Forfeiture of Drug Profits Act."

Section 2. Amend §4784, Chapter 47, Part IV, Title 16 of the Delaware Code by adding the following new paragraph to subsection (a):

"(6) All moneys, negotiable instruments, securities, or any other thing of value furnished, or intended to be furnished, in exchange for a controlled substance in violation of this chapter; all profits or proceeds traceable to such an exchange; and all moneys, negotiable instruments, securities, assets or interest used, or intended to be used, to facilitate any violation of this chapter. However, no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by him to be committed or omitted without his knowledge or consent.

(i) All moneys, negotiable instruments or securities found in close proximity to forfeitable controlled substances, to forfeitable drug manufacturing or distributing paraphernalia, or to forfeitable records of the importation, manufacture or distribution of controlled substances are presumed to be forfeitable under this sub—paragraph. The burden of proof is upon claimant of the property to rebut this presumption.

(ii) To the extent that assets, interests, profits, and proceeds forfeitable under this section: (1) cannot be located; (2) have been transferred, sold to, or deposited with third parties; or (3) have been placed beyond the Jurisdiction of the State, the court, following conviction of the individual charged, may direct forfeiture of such other assets of the defendant as may be available, limited in value to those assets that would otherwise be forefeited under subsection (6). Upon petition of the defendant, the court may authorize redemption of assets forfeited under this subsection, provided the assets described in subsection (6) are surrendered or otherwise remitted by such defendant to the Jurisdiction of the court."

Section 3. Amend §4784, Chapter 47, Part IV, Title 16 of the Delaware Code by adding the following sentence to subsection (e):

"Any proceeds remaining after the payment of expenses and any other money forfeited or realized from forfeited property shall be deposited to the Special Law Enforcement Assistance Fund for the use of the State for any purpose deemed by the Attorney General to be in the interest of law enforcement."

Approved April 16, 1984.