23A-49-20. Attorney general's disposition of forfeited property.

If property is forfeited under this chapter, the attorney general may:

(1)    Retain the property for official use;

(2)    Sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. All money seized or remaining proceeds from the sale of any forfeited property shall be paid into the following funds:

(a)    If seized pursuant to a violation of chapters 34-20B or 22-42, proceeds shall go to the drug control fund;

(b)    If seized pursuant to a violation of chapters 22-24A, 22-23, 22-19A, 22-24B, 43-43B, or 23A-27, proceeds shall be used to reimburse the actual costs of the criminal investigation and prosecution, and any amount over those costs shall be used to satisfy any civil judgments received by the victims. All remaining proceeds shall be paid to the South Dakota internet crimes against children fund; and

(c)    If not otherwise specified by this chapter, proceeds shall go to the general fund; or

(3)    If property is seized pursuant to a violation of chapters 34-20B or 22-42, the attorney general may forward it to the Division of Criminal Investigation for disposition. Such disposition may include delivery for medical or scientific use to any federal or state agency under regulations of the United States attorney general.

Source: SL 2016, ch 138, § 20.