TITLE 11

Criminal Offenses

CHAPTER 11-67

Trafficking of Persons and Involuntary Servitude

SECTION 11-67-5



   § 11-67-5  Forfeitures. –

(a) A person who is found in a criminal proceeding to be in violation of §

11-67-2 or 11-67-3 shall forfeit to the state of Rhode Island any profits or

proceeds and any interest or property he or she has acquired or maintained in

violation of this act, that the sentencing court determines, after a forfeiture

hearing, to have been acquired or maintained as a result of maintaining a

person in involuntary servitude or participating in trafficking in persons for

forced labor in order to commit a criminal sexual activity.



   (b) The court shall upon petition by the attorney general at

any time following sentencing, conduct a hearing to determine whether any

property or property interest is subject to forfeiture under this section. At

the forfeiture hearing the state shall have the burden of establishing by a

preponderance of the evidence that property or property interests are subject

to forfeiture under this section.



   (c) In any action brought by the state of Rhode Island under

this section, wherein any restraining order, injunction, or prohibition or any

other action in connection with any property or interest subject to forfeiture

under this section is sought, the court shall first determine whether there is

probable cause to believe that the person or persons so charged have committed

the offense of involuntary servitude, involuntary servitude of a minor, or

trafficking in persons for forced labor or commercial sexual activity and

whether the property or property interest is subject to forfeiture pursuant to

this section.



   (d) All monies forfeited and the sale proceeds of all other

property forfeited and seized under this section shall be deposited in the

general fund.



History of Section.

(P.L. 2007, ch. 123, § 1; P.L. 2007, ch. 217, § 1.)