LAW WITHOUT
GOVERNOR'S CHAPTER
SIGNATURE
454
JULY 13, 2021 PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 1125 - L.D. 1521
An Act To Strengthen Protections against Civil Asset Forfeiture
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §5821, first ¶, as amended by PL 2017, c. 409, Pt. B, §1, is
further amended to read:
Except as provided in section 5821‑A or 5821-B, the following are subject to forfeiture
to the State and no property right may exist in them if the owner of the following is
convicted of a crime in which the following was involved:
Sec. 2. 15 MRSA §5821, sub-§3-A, as repealed and replaced by PL 2013, c. 588,
Pt. A, §19, is amended to read:
3-A. Firearms and other weapons. Law enforcement officers may seize all firearms
and dangerous weapons that they may find in any lawful search for scheduled drugs in
which scheduled drugs are found. Except for those seized weapons listed in a petition filed
in the Superior Court pursuant to section 5822, all weapons seized weapons declared by a
court to be forfeited in accordance with section 5826, subsection 9, if the owner of a seized
firearm or dangerous weapon is convicted of a crime in which the firearm or dangerous
weapon was involved, after notice and opportunity for hearing, the firearm or dangerous
weapon must be forfeited to the State by the District Court 90 days after a list of the
weapons and drugs seized is filed in the District Court in the district in which the weapons
and drugs were seized. A weapon need may not be forfeited if the owner appears prior to
the declaration of forfeiture and unless the State satisfies the court, by a preponderance of
evidence, of all of the following: that the owner of the firearm or dangerous weapon was
convicted of a crime in which the firearm or dangerous weapon was involved.
A. That the owner had a possessory interest in the weapon at the time of the seizure
sufficient to exclude every person involved with the seized drugs or every person at the
site of the seizure;
B. That the owner had no knowledge of or involvement with the drugs and was not at
the site of the seizure; and
C. That the owner had not given any involved person permission to possess or use the
weapon.
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Post-hearing procedures are as provided in section 5822.
A confiscated or forfeited firearm that was confiscated or forfeited because it was used to
commit a homicide must be destroyed by the State unless the firearm was stolen and the
rightful owner was not the person who committed the homicide, in which case the firearm
must be returned to the owner if ascertainable.;
Sec. 3. 15 MRSA §5821, sub-§3-B, as amended by PL 2019, c. 113, Pt. C, §52, is
further amended to read:
3-B. Forfeiture of firearms used in the commission of certain acts. In addition to
the provisions of subsection 3‑A and Title 17‑A, section 1504, this subsection controls the
forfeiture of firearms used in the commission of certain acts.
A. Except as provided in paragraph B, a firearm is subject to forfeiture to the State if
the firearm is used by a person who is the owner of the firearm to commit a criminal
act that in fact causes serious bodily injury or death to another human being and,
following that act, the person either commits suicide or attempts to commit suicide and
the attempt results in the person's becoming incompetent to stand trial or the person is
killed or rendered incompetent to stand trial as the result of a justifiable use of deadly
force by a law enforcement officer. Except as provided in paragraph B, a property
right does not exist in the firearm subject to forfeiture.
B. A firearm that is used in the commission of a criminal act described in paragraph A
is exempt from forfeiture under this subsection if the firearm belongs to another person
who is the rightful owner from whom the firearm has been stolen and the other person
is not a principal or accomplice in the criminal act. In that case, the firearm must be
transferred to the other person unless that person is otherwise prohibited from
possessing a firearm under applicable law.
A firearm subject to forfeiture pursuant to this subsection that is declared by a court to be
forfeited pursuant to section 5822 5826, subsection 9 must be promptly destroyed, or
caused to be promptly destroyed, by the law enforcement agency that has custody of the
firearm.;
Sec. 4. 15 MRSA §5821, sub-§7-A, as amended by PL 2019, c. 97, §1, is further
amended to read:
7-A. Computers. Except as provided in paragraph A, all computers Computers, as
defined in Title 17‑A, section 431, subsection 2, and computer equipment, including, but
not limited to, printers and scanners, that are used or are attempted to be used in violation
of Title 17‑A, section 259‑A.;
A. Property may not be forfeited under this subsection, to the extent of the interest of
an owner, by reason of an act or omission established by that owner to have been
committed or omitted without the knowledge or consent of the owner;
Sec. 5. 15 MRSA §5821, as amended by PL 2019, c. 97, §§1 to 3 and c. 113, Pt. C,
§52, is further amended by adding at the end a new paragraph to read:
Unless seized property under this section includes United States currency in excess of
$100,000, a law enforcement agency, prosecuting authority, state agency, county or
municipality may not enter into an agreement to transfer or refer property seized under this
section to a federal agency directly, indirectly, through adoption, through an
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intergovernmental joint task force or by other means that circumvent the provisions of this
section.
Sec. 6. 15 MRSA §5822, sub-§1, as amended by PL 1987, c. 648, is repealed.
Sec. 7. 15 MRSA §5822, sub-§2, as enacted by PL 1987, c. 420, §2, is repealed.
Sec. 8. 15 MRSA §5822, sub-§3, as amended by PL 1991, c. 461, §1, is repealed.
Sec. 9. 15 MRSA §5822, sub-§4, as amended by PL 1999, c. 408, §1, is repealed.
Sec. 10. 15 MRSA §5822, sub-§5, as enacted by PL 1987, c. 420, §2, is repealed.
Sec. 11. 15 MRSA §5823, sub-§2, as amended by PL 1991, c. 461, §3, is repealed.
Sec. 12. 15 MRSA §5825, as amended by PL 2019, c. 651, §1, is further amended
to read:
§5825. Records; reports
1. Records of forfeited property. Any officer to whom or department or agency to
which property subject to forfeiture under section 5821 has been ordered forfeited shall
maintain records showing:
A. The name of the court that ordered each item of property to be forfeited to the
officer, department or agency;
D. The date on which each item of property was ordered forfeited to the officer,
department or agency; and
E. A description of each item of property forfeited to the officer, department or agency.
The records must be open to inspection. A copy of each record must be filed with the
Department of Public Safety.
2. Department of Public Safety. A report of the transfer of property previously held
by the Department of Public Safety and then ordered by a court to be forfeited to another
governmental entity must be provided upon request to the Commissioner of Administrative
and Financial Services and the Office of Fiscal and Program Review. The report must
account for any such transfer that occurred during the 12 months preceding such a request.
The Department of Public Safety shall maintain all records filed with the department
pursuant to subsection 1. The Department of Public Safety shall make all records under
this subsection available on a publicly accessible website.
Sec. 13. 15 MRSA §5826, sub-§9 is enacted to read:
9. Exceptions to requirement for conviction. A conviction is not required for seizure
only as provided in this subsection.
A. Nothing in this chapter prevents property from being forfeited as part of:
(1) A plea agreement; or
(2) A grant of immunity or reduced punishment, with or without the filing of a
criminal charge, in exchange for testifying or assisting a law enforcement
investigation or prosecution.
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 B. The court may waive the conviction requirement in this section and grant title to the
property to the State if the State files a motion no fewer than 90 days after seizure and
shows by a preponderance of the evidence that, before conviction, the defendant:
(1) Died;
(2) Was deported by the United States Government;
(3) Abandoned the property; or
(4) Fled the jurisdiction.
Sec. 14. 15 MRSA §5828 is enacted to read:
§5828. Post-seizure proceedings
1. Prompt post-seizure hearing. This subsection governs post-seizure proceedings
for assets seized pursuant to this chapter.
A. Following the seizure of property, a defendant or any person with an interest in the
property has a right to a prompt post-seizure hearing.
B. A person with an interest in the property may petition the court for a hearing.
C. At the court's discretion, the court may hold a prompt post-seizure hearing:
(1) As a separate hearing; or
(2) At the same time as a probable-cause determination, a post-arraignment
hearing or other pretrial hearing.
D. A party, by agreement of all parties or for good cause, may move for one extension
of the hearing date of no more than 10 days. Any motion may be supported by affidavits
or other submissions.
E. The court shall order the return of seized property if it finds:
(1) The seizure was invalid;
(2) A criminal charge has not been filed and no extension of the filing period
established under this section is available;
(3) The property is not reasonably required to be held as evidence; or
(4) The final judgment likely will be in favor of the claimant.
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Statutes affected:
Bill Text LD 1521, HP 1125: 15.5821, 15.5825
Bill Text ACTPUB , Chapter 454: 15.5821, 15.5822, 15.5823, 15.5825