RCW 9A.82.120
Criminal profiteering lien -- Authority,
procedures.(1) The state, upon filing a criminal action under
RCW 9A.82.060 or 9A.82.080 or for an offense defined in RCW 9A.40.100, or a civil action under RCW 9A.82.100, may file in
accordance with this section a criminal profiteering lien. A
filing fee or other charge is not required for filing a criminal
profiteering lien.
(2) A criminal profiteering lien shall be signed by the
attorney general or the county prosecuting attorney representing
the state in the action and shall set forth the following
information:
(a) The name of the defendant whose property or other
interests are to be subject to the lien;
(b) In the discretion of the attorney general or county
prosecuting attorney filing the lien, any aliases or fictitious
names of the defendant named in the lien;
(c) If known to the attorney general or county prosecuting
attorney filing the lien, the present residence or principal
place of business of the person named in the lien;
(d) A reference to the proceeding pursuant to which the lien
is filed, including the name of the court, the title of the
action, and the court's file number for the proceeding;
(e) The name and address of the attorney representing the
state in the proceeding pursuant to which the lien is filed;
(f) A statement that the notice is being filed pursuant to
this section;
(g) The amount that the state claims in the action or, with
respect to property or other interests that the state has
requested forfeiture to the state or county, a description of the
property or interests sought to be paid or forfeited;
(h) If known to the attorney general or county prosecuting
attorney filing the lien, a description of property that is
subject to forfeiture to the state or property in which the
defendant has an interest that is available to satisfy a judgment
entered in favor of the state; and
(i) Such other information as the attorney general or county
prosecuting attorney filing the lien deems appropriate.
(3) The attorney general or the county prosecuting attorney
filing the lien may amend a lien filed under this section at any
time by filing an amended criminal profiteering lien in
accordance with this section that identifies the prior lien
amended.
(4) The attorney general or the county prosecuting attorney
filing the lien shall, as soon as practical after filing a
criminal profiteering lien, furnish to any person named in the
lien a notice of the filing of the lien. Failure to furnish
notice under this subsection does not invalidate or otherwise
affect a criminal profiteering lien filed in accordance with this
section.
(5)(a) A criminal profiteering lien is perfected against
interests in personal property in the same manner as a security
interest in like property pursuant to RCW 62A.9A-301 through62A.9A-316
or as otherwise required to perfect a security
interest in like property under applicable law. In the case of
perfection by filing, the state shall file, in lieu of a
financing statement in the form prescribed by RCW 62A.9A-502, a
notice of lien in substantially the following form:
On receipt of such a notice from the state, a filing officer
shall, without payment of filing fee, file and index the notice
as if it were a financing statement naming the state as secured
party and the defendant as debtor.
(b) A criminal profiteering lien is perfected against
interests in real property by filing the lien in the office where
a mortgage on the real estate would be filed or recorded. The
filing officer shall file and index the criminal profiteering
lien, without payment of a filing fee, in the same manner as a
mortgage.
(6) The filing of a criminal profiteering lien in accordance
with this section creates a lien in favor of the state in:
(a) Any interest of the defendant, in real property situated
in the county in which the lien is filed, then maintained, or
thereafter acquired in the name of the defendant identified in
the lien;
(b) Any interest of the defendant, in personal property
situated in this state, then maintained or thereafter acquired in
the name of the defendant identified in the lien; and
(c) Any property identified in the lien to the extent of the
defendant's interest therein.
(7) The lien created in favor of the state in accordance
with this section, when filed or otherwise perfected as provided
in subsection (5) of this section, has, with respect to any of
the property described in subsection (6) of this section, the
same priority determined pursuant to the laws of this state as a
mortgage or security interest given for value (but not a purchase
money security interest) and perfected in the same manner with
respect to such property; except that any lien perfected pursuant
to Title 60 RCW by any person who, in the ordinary course of his
or her business, furnishes labor, services, or materials, or
rents, leases, or otherwise supplies equipment, without knowledge
of the criminal profiteering lien, is superior to the criminal
profiteering lien.
(8) Upon entry of judgment in favor of the state, the state
may proceed to execute thereon as in the case of any other
judgment, except that in order to preserve the state's lien
priority as provided in this section the state shall, in addition
to such other notice as is required by law, give at least thirty
days' notice of the execution to any person possessing at the
time the notice is given, an interest recorded subsequent to the
date the state's lien was perfected.
(9) Upon the entry of a final judgment in favor of the state
providing for forfeiture of property to the state, the title of
the state to the property:
(a) In the case of real property or a beneficial interest in
real property, relates back to the date of filing the criminal
profiteering lien or, if no criminal profiteering lien is filed,
then to the date of recording of the final judgment or the
abstract thereof; or
(b) In the case of personal property or a beneficial
interest in personal property, relates back to the date the
personal property was seized by the state, or the date of filing
of a criminal profiteering lien in accordance with this section,
whichever is earlier, but if the property was not seized and no
criminal profiteering lien was filed then to the date the final
judgment was filed with the department of licensing and, if the
personal property is an aircraft, with the federal aviation
administration.
(10) This section does not limit the right of the state to
obtain any order or injunction, receivership, writ, attachment,
garnishment, or other remedy authorized under RCW 9A.82.100 or
appropriate to protect the interests of the state or available
under other applicable law.
(11) In a civil or criminal action under this chapter, the
superior court shall provide for the protection of bona fide
interests in property, including community property, subject to
liens of persons who were not involved in the violation of this
chapter, except to the extent that such interests or property
were acquired or used in such a way as to be subject to
forfeiture pursuant to RCW 9A.82.100(4)(f).[2003 c 267 § 7;
2001 c 222 § 16. Prior: 1985 c 455 § 13; 1984 c 270 § 12.]
NOTES:
Purpose -- Effective date -- 2001 c 222: See notes following
RCW 9A.82.001.