§ 480.05 Felony controlled substance offenses; forfeiture.
1. When any person is convicted of a felony offense, the following
property is subject to forfeiture pursuant to this article:
(a) any property constituting the proceeds or substituted proceeds of
such offense, unless the forfeiture is disproportionate to the defendant's
gain from or participation in the offense, in which event the trier of fact
may direct forfeiture of a portion thereof; and
(b) any property constituting an instrumentality of such offense, other
than a real property instrumentality of a crime, unless such forfeiture is
disproportionate to the defendant's gain from or participation in the
offense, in which event the trier of fact may direct forfeiture of a
portion thereof.
2. When any person is convicted of a specified offense, the real
property instrumentality of such specified offense is subject to forfeiture
pursuant to this article, unless such forfeiture is disproportionate to the
defendant's gain from or participation in the offense, in which event the
trier of fact may direct forfeiture of a portion thereof.
3. Property acquired in good faith by an attorney as payment for the
reasonable and bona fide fees of legal services or reimbursement of
reasonable and bona fide expenses related to the representation of a
defendant in connection with a civil or criminal forfeiture proceeding or a
related criminal matter, shall be exempt from a judgment of forfeiture. For
purposes of this subdivision, "bona fide" means that the attorney who
acquired such property had no reasonable basis to believe that the fee
transaction was a fraudulent or sham transaction designed to shield
property from forfeiture, hide its existence from governmental
investigative agencies, or was conducted for any purpose other than
legitimate.