SB 0948 | Allows forfeiture of motor vehicles of persons convicted of multiple intoxication-related traffic offenses |
Sponsor: | Bentley | |||
LR Number: | S3967.01I | Fiscal Note: | 3967-01 | |
Committee: | Transportation | |||
Last Action: | 05/15/98 - 007 S Calendar S Bills for Perfection | Journal page: | ||
Title: | ||||
Effective Date: | August 28, 1998 | |||
SB 948 - This act allows the governing body of any city or county to enact an ordinance providing for the forfeiture of any motor vehicle operated by a person with prior convictions for an intoxication-related traffic offense and who is prohibited from obtaining a driver's license, or whose license is suspended or revoked because of an intoxication-related offense or involuntary manslaughter as a result of operating a motor vehicle in an intoxicated condition.
The act also permits ordinances which allow for impoundment or forfeiture of a motor vehicle for: 1) prior or persistent offenders; and 2) persons convicted of two or more intoxication-related offenses, found by a chemical test to have been driving a motor vehicle with excessive blood-alcohol concentration, or who have refused to submit to a chemical test. The bill sets out procedures to be followed in impoundments and forfeitures.
Persons claiming ownership of the vehicle shall have certain
available defenses to the forfeiture action. If the vehicle is
registered to a nonoperator owner or co-owner, the vehicle shall
be returned to that person. The owner shall pay all costs
associated with the forfeiture action. The bill is identical to
HB 1655.
JOAN GUMMELS