Standards of proof in forfeiture action

(1) In all forfeiture actions, the forfeiting agency must prove that a person has been convicted of a crime that constitutes prohibited conduct, and that the property to be forfeited is: (a) Proceeds of the crime for which the person has been convicted; (b) An instrumentality of the crime for which the person has been convicted; (c) Proceeds of one or more other crimes similar to the crime for which the person was convicted; or (d) An instrumentality of one or more other crimes similar to the crime for which the person was convicted. (2) A forfeiting agency may seek forfeiture of the property of a claimant who has been convicted of a crime that constitutes prohibited conduct if the property to be forfeited meets the requirements of subsection (1) of this section. A forfeiting agency may seek forfeiture of the property of a claimant who has not been convicted of a crime if the forfeiting agency proves that: (a) Another person has been convicted of a crime that constitutes prohibited conduct; (b) The property to be forfeited meets the requirements of subsection (1) of this section; and (c) The claimant: (A) Took the property with the intent to defeat forfeiture of the property; (B) Knew or should have known that the property was proceeds of prohibited conduct; or (C) Acquiesced in the prohibited conduct. (3) Except as provided in subsection (5) of this section, if the property to be forfeited in a forfeiture action is personal property, the forfeiting agency must prove the elements specified in subsection (2) of this section by a preponderance of the evidence. If the property to be forfeited in a forfeiture action is real property, the forfeiting agency must prove the elements specified in subsection (2) of this section by clear and convincing evidence. (4) For the purposes of subsection (2)(c) of this section, a claimant shall be considered to have acquiesced in prohibited conduct if the claimant knew of the prohibited conduct and failed to take reasonable action under the circumstances to terminate the prohibited conduct or prevent use of the seized property to facilitate the prohibited conduct. (5) If the forfeiting agency establishes in a forfeiture action that cash, weapons or negotiable instruments were found in close proximity to controlled substances or to instrumentalities of prohibited conduct, the burden is on any person claiming the cash, weapons or negotiable instruments to prove by a preponderance of the evidence that the cash, weapons or negotiable instruments are not proceeds of prohibited conduct or an instrumentality of prohibited conduct.