§ 5-5-204 - Use or sale of conveyances -- Disposition of sale proceeds.
               	 		
5-5-204.    Use or sale of conveyances -- Disposition of sale proceeds.
    (a)  Upon  conviction, when the circuit court having jurisdiction over the  conveyance seized finds upon a hearing by a preponderance of the  evidence that a ground for a forfeiture exists under this subchapter,  the circuit court shall enter an order to:
      (1)  Permit  the law enforcement agency or the prosecuting attorney for the judicial  district in which the conveyance was seized to retain the conveyance  for official use; or
      (2)    (A)  Permit the law enforcement agency to sell the conveyance at a public or private sale.
            (B)  In  the event of a sale, the circuit court shall provide by order that the  proceeds be used for payment of any proper expense of the proceeding for  forfeiture and sale, including expenses of:
                  (i)  Investigation;
                  (ii)  Seizure;
                  (iii)  Maintenance of custody;
                  (iv)  Advertising; and
                  (v)  Court costs.
(b)  Any  proceeds from the sale of a forfeited conveyance under this subchapter  in excess of a proper expense shall be distributed as follows:
      (1)  Forty  percent (40%) to be deposited into the State Treasury as special  revenues to the credit of the Department of Arkansas State Police Fund;
      (2)    (A)  Forty percent (40%) to the law enforcement agency that perfected the arrest.
            (B)  However,  if a federal agency perfected the arrest the forty percent (40%) under  subdivision (b)(2)(A) of this section shall be distributed to the county  sheriff's office of the county responsible for the prosecution; and
            (3)  Twenty percent (20%) to the county sheriff's office of the county responsible for the prosecution.