Session Year 2003, Special Session 1

Bill Name: SF0014

Clarifying and modifying certain standards and procedures for vehicle
forfeitures associated with driving while impaired (DWI); eliminating+ the
definition of significant relationship and defining family or +household member;
modifying the exception from the prohibition on the sale of vehicles +subject to
an impoundment order for nonrelated persons; clarifying the +definition of
owner; defining claimant, family or household member and security +interest;
requiring a notice of seizure and intent to forfeit in cases of +seizure without
process; subjecting trailers used to transport motorboats or off-road
recreational vehicles used in a designated offense to forfeiture; +creating a
presumption of subjection to and modifying certain limits on +forfeiture;
modifying and clarifying the administrative forfeiture procedure, +requiring
service of copies of conciliation court statements of claim on +prosecuting
authorities; modifying and clarifying the judicial forfeiture +procedure,
prohibiting precedence over criminal prosecutions without the consent+ of the
prosecuting authority and creating a presumption of vehicle +subjection to
forfeiture, requiring reimbursement of filing fees upon a court order+ to return
the seized vehicle; requiring financial institutions selling +forfeited vehicles
to forward proceeds remaining after the payment of certain costs to +the
appropriate agency; specifying conditions for vehicle transfer to a +family or
household member of the violator committing the designated offense, +sworn
statement requirement (mk)