1. A civil action brought pursuant to sections 441.710 to 441.880 shall not be precluded even though a criminal prosecution involving the drug-related activity has not been commenced, will not be commenced, has not been concluded or has been concluded without a judgment of conviction.

2. If a criminal prosecution involving the drug-related criminal activity results in a criminal conviction the conviction shall collaterally estop the convicted defendant from challenging the essential allegations of the criminal offense in any subsequent civil proceeding brought pursuant to sections 441.710 to 441.880.