(a)  On motion, the court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to forfeit any interest in real or personal property that:

(1)  Was used or intended to be used to commit or facilitate the commission of the offense; or

(2)  Constitutes proceeds or was derived from proceeds that the person obtained, directly or indirectly, as a result of the offense.

criminal case

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Terms Used In Rhode Island General Laws 11-67.1-11

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.

(b)  In a proceeding against real or personal property under this section, the person convicted of the offense may assert a defense that the forfeiture is manifestly disproportional to the seriousness of the offense. The person has the burden to establish the defense by a preponderance of the evidence.

(c)  Proceeds from the public sale or auction of property forfeited under subsection (a) of this section must be distributed in the manner provided for the distribution of the proceeds of criminal forfeitures act pursuant to § 21-28-5.04.1 and § 21-28-5.04.2.

History of Section.
P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.