18-5612. PROPERTY SUBJECT TO CRIMINAL FORFEITURE. (1) Any person who is found guilty of, who enters a plea of guilty or who is convicted of a violation of section 18-5602 or 18-5609, Idaho Code, no matter the form of the judgment or order withholding judgment, shall forfeit to the state of Idaho:
(a) Any property constituting, or derived from, any proceeds the person obtained directly or indirectly as the result of such violation; and
(b) Any of the person’s property used, or intended to be used, in any manner or part to commit or to facilitate the commission of such violation.
(2) The court, in imposing sentence on such person as described in subsection (1) of this section, shall order, in addition to any other sentence imposed, that the person forfeit to the state of Idaho all property described in this section. The provisions of this chapter shall not be construed in any manner to prevent the state of Idaho, the attorney general or the appropriate prosecuting attorney from requesting restitution pursuant to section 19-5304, Idaho Code. The issue of criminal forfeiture shall be for the court alone, without submission to a jury, as a part of the sentencing procedure within the criminal action.
History:
[18-5612, added 2013, ch. 240, sec. 2, p. 567.]
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