S-3311               _______________________________________________

                                                   SENATE BILL NO. 4688

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Guess, Rasmussen, Hansen, Patterson, Granlund, Vognild, Bender and Metcalf

Read first time 1/20/86 and referred to Committee on Transportation.

AN ACT Relating to seizure and forfeiture of a vehicle driven by a person convicted of a second or subsequent offense of driving while intoxicated; adding a new section to chapter 46.61 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

          (1) In addition to any other penalty provided by law, the motor vehicle operated at the time of arrest by any person convicted of a second or subsequent violation of RCW 46.61.502 or 46.61.504 is subject to seizure and forfeiture to the state in the discretion of the presiding judge.  Upon conviction, if the court finds the ends of justice will best be served by the forfeiture, the court shall order the motor vehicle be forfeited to the state and shall so notify the prosecuting attorney for the county or city where the convicted person resides.

          (2) The prosecuting attorney shall direct the lawful seizure of the motor vehicle by the sheriff or other chief law enforcement officer of the county or city of the convicted person's residence.  Any such motor vehicle so seized shall be disposed of in the same manner as provided for the disposition of motor vehicles confiscated for illegally transporting controlled substances and all of the provisions of RCW 69.50.505 shall apply mutatis mutandis.

          (3) The actual expense incident to the seizure, custody, maintenance, and sale of any motor vehicle disposed of under this section shall be taxed as costs and shall be paid to the agency that incurred these costs out of the net proceeds from the sale of such property.  The residue, if any, shall be paid into the motor vehicle fund.