To repeal section 513.605, RSMo 1994, and to enact two new sections relating to the forfeiture of property used in criminal activity, with penalty provisions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

     Section A. Section 513.605, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 82.1010 and 513.605, to read as follows:

     82.1010. 1. In addition to forfeiture proceedings under sections 513.600 to 513.645, RSMo, the governing body of any city having a population of over four hundred thousand may enact ordinances to subject motor vehicles to forfeiture as provided in this section.

     2. Any such city may by ordinance require the forfeiture of any motor vehicle which is used in the illegal dumping of solid waste or demolition waste as provided in sections 260.210 and 260.211, RSMo.

     3. All forfeiture proceedings pursuant to this section shall be conducted in accordance with sections 513.600 to 513.645, RSMo, except the forfeiture proceeding shall be brought by the city attorney for the city which enacted such ordinances. In addition, the city may determine the manner of using the proceeds of its forfeiture activities.

     4. The ordinance shall provide that any person claiming an ownership interest in the motor vehicle subject to forfeiture shall have all the defenses to the forfeiture proceeding available to them which they may be entitled to raise under sections 513.600 to 513.645, RSMo.

     5. The ordinance shall also provide that a motor vehicle shall be returned to a nonowner operator if:

     (1) The title documents registered with the department of revenue at the time of the action giving rise to the forfeiture proceeding list owners or coowners of the vehicle in addition to or other than the operator; and

     (2) The nonoperator owner of the motor vehicle has not previously been the operator of a motor vehicle which has been the subject of a forfeiture proceeding authorized by this section.

If a vehicle is returned to the nonoperator owner, all costs associated with the seizure, towing, storage and impoundment of the vehicle, the payment of all court costs and reasonable attorney fees associated with the forfeiture proceeding shall be paid by the operator of the vehicle. To be entitled to return of the vehicle all owners shall execute a written agreement with the municipality stipulating and consenting to the seizure and forfeiture of the motor vehicle if the motor vehicle is subsequently operated by the same operator in violation of section 260.210 or 260.211, RSMo, which would allow the municipality to seek forfeiture of such vehicle under the ordinance enacted pursuant to this section.

     6. The city may also prohibit such dumping of solid waste and demolition waste and may impose criminal fines in amounts not exceeding the fines set forth in section 260.212, RSMo. Such fines may only be imposed against the operator of the motor vehicle or others involved in the criminal act.

     513.605. As used in sections 513.600 to 513.645, unless the context clearly indicates otherwise, the following terms mean:

     (1) (a) "Beneficial interest":

     a. The interest of a person as a beneficiary under any other trust arrangement pursuant to which a trustee holds legal or record title to real property for the benefit of such person; or

     b. The interest of a person under any other form of express fiduciary arrangement pursuant to which any other person holds legal or record title to real property for the benefit of such person;

     (b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in either a general partnership or limited partnership. A beneficial interest shall be deemed to be located where the real property owned by the trustee is located;

     (2) "Civil proceeding", any civil suit commenced by an investigative agency under any provision of sections 513.600 to 513.645;

     (3) "Criminal activity" is the commission, attempted commission, conspiracy to commit, or the solicitation, coercion or intimidation of another person to commit any crime which is chargeable by indictment or information under the following Missouri laws:

     (a) Chapter 195, RSMo, relating to drug regulations;

     (b) Chapter 565, RSMo, relating to offenses against the person;

     (c) Chapter 566, RSMo, relating to sexual offenses;

     (d) Chapter 568, RSMo, relating to offenses against the family;

     (e) Chapter 569, RSMo, relating to robbery, arson, burglary and related offenses;

     (f) Chapter 570, RSMo, relating to stealing and related offenses;

     (g) Chapter 567, RSMo, relating to prostitution;

     (h) Chapter 573, RSMo, relating to pornography and related offenses;

     (i) Chapter 574, RSMo, relating to offenses against public order;

     (j) Chapter 575, RSMo, relating to offenses against the administration of justice;

     (k) Chapter 491, RSMo, relating to witnesses;

     (l) Chapter 572, RSMo, relating to gambling;

     (m) Chapter 311, RSMo, but relating only to felony violations of this chapter committed by persons not duly licensed by the supervisor of liquor control;

     (n) Chapter 571, RSMo, relating to weapons offenses;

     (o) Chapter 409, RSMo, relating to regulation of securities;

     (p) Chapter 301, RSMo, relating to registration and licensing of motor vehicles;

     (q) Chapter 260, RSMo, relating to disposal of waste;

     (4) "Criminal proceeding", any criminal prosecution commenced by an investigative agency under any criminal law of this state;

     (5) "Investigative agency", the attorney general's office, or the office of any prosecuting attorney or circuit attorney;

     (6) "Pecuniary value":

     (a) Anything of value in the form of money, a negotiable instrument, a commercial interest, or anything else the primary significance of which is economic advantage; or

     (b) Any other property or service that has a value in excess of one hundred dollars;

     (7) "Real property", any estate or legal or equitable interest in land situated in this state or any interest in such real property, including, but not limited to, any lease or deed of trust upon such real property;

     (8) (a) "Trustee":

     a. Any person who holds legal or record title to real property for which any other person has a beneficial interest; or

     b. Any successor trustee or trustees to any of the foregoing persons;

     (b) "Trustee" does not include the following:

     a. Any person appointed or acting as a personal representative under chapter 475, RSMo, or under chapter 473, RSMo;

     b. Any person appointed or acting as a trustee of any testamentary trust or as trustee of any indenture of trust under which any bonds are or are to be issued.