60-4102. Definitions.
60-4102
60-4102. Definitions.As used in this act:
(a) "Contraband" means any property the possession of which isillegal.
(b) "Conveyance" includes any vehicle, trailer, vessel, aircraft orother means of transportation.
(c) "Covered offense" means any crime set forth in K.S.A. 60-4104 or anyother offense for which forfeiture is provided by the law relatingto a particular offense.
(d) "Facilitate" means any act or omission broadly construed toencompass any use or intended use of property which makes an actgiving rise to forfeiture less difficult and laborious.
(e) "Interest holder" means a secured party within the meaning ofthe uniform commercial code, a mortgagee, lien creditor, judgment creditor orthebeneficiary of a security interest or encumbrance pertaining to aninterest in property, whose interest would be perfected against agood faith purchaser for value. A person who holds property thebenefit of or as an agent or nominee for another person, or who isnot in substantial compliance with any statute requiring aninterest in property to be recorded or reflected in public recordsin order to perfect the interest against a good faith purchaser forvalue, is not an interest holder.
(f) "Law enforcement officer" means any public servant, whetheremployed by the state of Kansas or subdivisions thereof or by theUnited States, vested by law with a duty to maintain public order,to make arrests for offenses, or to enforce the criminal laws,whether that duty extends to all offenses or is limited to aspecific class of offenses.
(g) "Notice of pending forfeiture" means a written statement by theplaintiff's attorney following a seizure of property but prior tothe filing of a judicial complaint against such property allowingfor an administrative resolution to claims or recognition ofexemptions.
(h) "Notice of seizure for forfeiture" means a written statement bya law enforcement agency that property has been seized and may beproceeded against pursuant to this act, and providing informationconcerning the property, the seizure, and the law enforcementagency.
(i) "Omission" means a failure to perform an act the performance ofwhich is required by law.
(j) "Owner" means a person, other than an interest holder, who hasan interest in property. A person who holds property for thebenefit of or as an agent or nominee for another person, or who isnot in substantial compliance with any statute requiring aninterest in property to be recorded or reflected in public recordsin order to perfect the interest against a good faith purchaser forvalue, is not an owner. An owner with power to convey propertybinds other owners, and a spouse binds the person's spouse, by anyact or omission.
(k) "Person" includes any individual or entity capable of holding alegal or beneficial interest in property.
(l) "Personal service" means service as defined by K.S.A. 60-304and 60-308, and amendments thereto.
(m) "Plaintiff's attorney" means a county or district attorney, orthe attorney general, such attorney's assistant, or another attorneyapproved, pursuant to subsections (h) and (i) of K.S.A. 60-4107, employed by alawenforcement agency to litigate a forfeiture on behalf of theagency.
(n) "Proceeds" means anything of value, derived directly orindirectly from or realized through unlawful activity, includingany monies used or intended to be used, or facilitate or intendedto facilitate, the purchase, manufacture, cultivation,transportation, storage, distribution, sale, or possession ofcontrolled substances or contraband.
(o) "Property" means anything of value, and includes any interest inproperty, including any benefit, privilege, claim or right withrespect to anything of value, whether real or personal, tangible orintangible.
(p) "Recognition of exemption" means a written statement by theplaintiff's attorney stipulating to an interest in property exemptfrom forfeiture.
(q) "Regulated interest holder" means an interest holder that is abusiness authorized to do business in this state and is under thejurisdiction of a state or federal regulatory agency relating tobanking, securities, insurance or real estate.
(r) "Seizing agency" means any department or agency of this state orits political subdivisions which regularly employs law enforcementofficers and which employed the law enforcement officer who seizedproperty for forfeiture, or such other agency as the seizing agencymay designate in a particular case.
(s) "Seizure for forfeiture" means seizure of property by a lawenforcement officer including a constructive seizure coupled with an assertionby the seizing agencyor a plaintiff's attorney that the property is subject toforfeiture.
(t) "Statement of nonexempt interests" means a written statement bythe plaintiff's attorney refusing to recognize that a particularinterest or interests in property are exempt from forfeiture.
History: L. 1994, ch. 339, § 2; July 1.