22-4807a. Forfeiture of property used in theft of livestock.
22-4807a
22-4807a. Forfeiture of property used in theft oflivestock.(a) The following property is subject to forfeiture pursuant tothis act:
(1) Contraband property used or intended to be used in the commissionof theft of livestock;
(2) the proceeds gained from the commission of theft of livestock;
(3) personal property acquired with proceeds gained from the commission oftheft of livestock;
(4) all conveyances, including aircraft, vehicles,vessels, horses or dogs which are used or intended for the use to transport orin any mannerto facilitate the transportation for the purpose of the commission of theft oflivestock. No conveyance used byany person as a common carrier in the transportation of business as a commoncarrier is subject to forfeiture under this section unless it appears that theowner or other person in charge of the conveyance is a consenting party orprivy to a violation of this act. No conveyance is subject to forfeiture underthis section by reason of any act or omission established by the owners thereofto have been committed or omitted without the owners knowledge or consent. Aforfeiture of a conveyance encumbered by a bona fide security interest issubject to the interest of the secured party or parties;
(5) all books, records and research products and materials includingmicrofilm, tapes and data which are used or intended for the use inthe theft of livestock;
(6) everything of value furnished, or intended to be furnished or traded orused as payment or invested for anything of value but shall not include realproperty. It may be presumed that thisproperty was acquired with proceeds gained from the commission of theft oflivestock and are subject to forfeiture;
(b) Property which is used in the commission of theft of livestockwhich has title of ownership with two parties on the title ora cosigner is subject to forfeiture, if one party on the title uses theproperty in the commission of theft of livestockor receives titled property as the proceeds of such felony even if the secondparty claims that such second party didnot have knowledge or involvement in such felony.
(c) As used in this act: (1) "Contraband property" means property of anynature including personal, tangible or intangible but shall not include realproperty.
(2) "Livestock" means cattle, swine, sheep, goats, horses,mules, domesticated deerand all creatures of the ratite family that are not indigenous to this state,including but not limited to ostriches, emus and rheas,and anycarcass, skin or part of such animal.
(3) "Theft of livestock" means theft which is classified as afelonyviolation, pursuant to K.S.A. 21-3701, andamendments thereto, in which the property taken was livestock.
(4) "Domesticated deer" means any member of the family cervidae which waslegally obtained and isbeingsold or raised in a confined area for breeding stock; for any carcass, skin orpartof such animal; for exhibition; or for companionship.
History: L. 1992, ch. 289, § 1;L. 1993, ch. 143, § 3;L. 1994, ch. 79, § 2; July 1.