AN ACT Relating to burglary; and adding a new section to chapter 9A.52 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9A.52 RCW to read as follows:

(1) A motor vehicle used to facilitate the commission of first or second degree burglary is subject to seizure and forfeiture as provided in this section. However:

(a) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the burglary;

(b) No motor vehicle is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent;

(c) A forfeiture of a motor vehicle encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the burglary; and

(d) If the owner of a motor vehicle has been arrested for the burglary, the motor vehicle shall not be subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest.

(2) A motor vehicle subject to forfeiture under this section may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the motor vehicle. Seizure without process may be made if:

(a) The seizure is incident to an arrest or a search under a search warrant;

(b) The motor vehicle subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding; or

(c) The law enforcement officer has probable cause to believe that the motor vehicle was used or is intended to be used in commission of first or second degree burglary.

(3) In the event of seizure pursuant to subsection (2) of this section, proceedings for forfeiture shall be deemed commenced by the seizure. The law enforcement agency under whose authority the seizure was made shall cause notice to be served within fifteen days following the seizure on the owner of the motor vehicle seized, the person in charge thereof, and any person having any known right or interest therein, of the seizure and intended forfeiture of the motor vehicle. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(4) If no person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the motor vehicle within forty-five days of the seizure, the motor vehicle shall be deemed forfeited.

(5) If a person notifies the seizing law enforcement agency in writing of the person's claim of ownership or right to possession of the motor vehicle within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be before the chief law enforcement officer of the seizing agency or the chief law enforcement officer's designee. If the seizing agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief law enforcement officer of the seizing agency or an administrative law judge appointed under chapter 34.12 RCW. A person asserting a claim or right may remove the matter to a court of competent jurisdiction if the value of the motor vehicle involved is more than five hundred dollars. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In a court hearing between two or more claimants to the motor vehicle involved, the prevailing party is entitled to a judgment for costs and reasonable attorney's fees. The burden of producing evidence is on the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the motor vehicle. The seizing law enforcement agency shall promptly return the motor vehicle to the claimant upon a determination by the administrative law judge or court that the claimant is the present lawful owner or is lawfully entitled to possession of the motor vehicle.

(6) When a motor vehicle is forfeited under this section, the seizing law enforcement agency may:

(a) Retain it for official use or, upon application by any law enforcement agency of this state, release the motor vehicle to such agency for use in law enforcement; or

(b) Sell the motor vehicle. The proceeds shall be used for payment of all proper expenses of the investigation leading to the seizure, including expenses of seizure, maintenance of custody, advertising, actual costs of the prosecuting or city attorney, and court costs. Fifty percent of the money remaining after payment of such expenses shall be deposited in the general fund of the state, county, and/or city of the seizing law enforcement agency, and fifty percent shall be remitted to the state treasurer for deposit in the public safety and education account established in RCW 43.08.250.

NEW SECTION. Sec. 2. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.