An Act Regarding Forfeiture of Assets of Persons Convicted of Certain Criminal Restraint Offenses, Aggravated Sex Trafficking Offenses and Sex Trafficking Offenses
Maine Legislature, Session 129, LD 0324
Committee: Criminal Justice and Public Safety
Sponsors: RECKITT, CARNEY, PERRY
Amends: 15 MRSA §5826

Legislative Document
No. 324
H.P. 249
House of Representatives, January 24, 2019
An Act Regarding Forfeiture of Assets of Persons Convicted of 
Certain Criminal Restraint Offenses, Aggravated Sex Trafficking 
Offenses and Sex Trafficking Offenses
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative RECKITT of South Portland.
Cosponsored by Representatives: CARNEY of Cape Elizabeth, PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §5826, sub-§1, as enacted by PL 1995, c. 421, §1, is amended 
to read:
1.  Property subject to criminal forfeiture.  Notwithstanding any other provision of 
law, a person convicted of a violation of Title 17-A, section 302, subsection 1; section 
852; section 853; or chapter 45 forfeits to the State all rights, privileges, interests and 
claims to property that is subject to forfeiture pursuant to section 5821.  All rights, 
privileges, interest and title in property subject to forfeiture under this section vests in the 
State upon the commission of the act giving rise to forfeiture pursuant to section 5821.
Sec. 2.  15 MRSA §5826, sub-§2, as amended by PL 2015, c. 431, §33, is further 
amended to read:
2.  Commencement of criminal forfeiture action.  Property subject to forfeiture 
may be proceeded against by indictment of the grand jury or by complaint in the District 
Court in any related criminal proceeding in which a person with an interest in the 
property has been simultaneously  charged with a violation of Title 17-A, section 302, 
subsection 1; section 852; section 853; or chapter 45.  At any time prior to trial, the State, 
with the consent of the court and any defendant with an interest in the property, may file 
an ancillary charging instrument or information alleging that property is subject to 
criminal forfeiture.  Discovery in the criminal action must be as provided for by the 
Maine Rules of Unified Criminal Procedure.
Sec. 3.  15 MRSA §5826, sub-§7, ¶A, as enacted by PL 1999, c. 395, §1, is 
amended to read:
A.    By clear and convincing evidence that:
 (1)  There was probable cause to support the seizure of the property at the time 
of its seizure;
 (2)  The interested party has knowledge of the seizure of the property or the 
property was seized under circumstances in which a reasonable person would 
have knowledge of the seizure of that person's property; and
 (3)  The interested party has failed to appear for any court appearance in 
accordance with Title 17-A, section 302, subsection 1; section 852; section 853; 
or chapter 45 for a violation that forms the basis of the forfeiture, and that a 
warrant of arrest for the interested party for such failure to appear has been 
outstanding for 6 months or more; and
SUMMARY
This bill provides for criminal forfeiture of property of a person convicted of certain 
criminal restraint offenses in violation of the Maine Revised Statutes, Title 17-A, section 
302, subsection 1; aggravated sex trafficking offenses in violation of Title 17-A, section 
852; and sex trafficking offenses in violation of Title 17-A, section 853.