H-0206

AN ACT Relating to forfeiture of motor vehicles; adding a new section to chapter 46.16 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 46.16 RCW to read as follows:

(1) A motor vehicle operated by a person whose driver's license is in a suspended or revoked status or whose privilege to operate a motor vehicle is suspended or revoked in this or any other state is subject to seizure and forfeiture and no property right exists in the vehicle except as follows:

(a) No vehicle used by a 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 vehicle is a consenting party or privy to a violation of this section;

(b) No vehicle is subject to forfeiture under this section by reason of an act or omission established by the owner of the vehicle to have been committed or omitted without the owner's knowledge or consent;

(c) A forfeiture of a 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 act or omission; and

(d) When the owner of a vehicle has been arrested under this chapter the vehicle in which the person is arrested is not subject to forfeiture unless it is seized or process is issued for its seizure within ten days of the owner's arrest.

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

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

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

(c) A law enforcement officer has probable cause to believe that the vehicle is directly or indirectly dangerous to health or safety; or

(d) The law enforcement officer has probable cause to believe that the vehicle was used or is intended to be used in violation of this section.

(3) In the event of seizure under subsection (2) of this section, proceedings for forfeiture are 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 vehicle seized and the person in charge of it and any person having any known right or interest in it, including any community property interest, of the seizure and intended forfeiture of the seized vehicle. The notice of seizure 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 is complete upon mailing within the fifteen-day period after 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 vehicle within forty-five days of the seizure, the vehicle is 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 vehicle within forty-five days of the seizure, the person or persons shall be given 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. A person asserting a claim or right may remove the matter to a court of competent jurisdiction if the value of the vehicle involved is more than five hundred dollars. The court to which the matter is to be removed shall be the district court when the value is ten thousand dollars or less. A hearing before the seizing agency and any appeal from the decision shall be under Title 34 RCW. In a court hearing between two or more claimants to the vehicle, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees. The burden of producing evidence is upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the vehicle. The seizing law enforcement agency shall promptly return the vehicle to the claimant upon a determination by the hearing officer or court that the claimant is the present lawful owner or is lawfully entitled to possession of the vehicle.

(6) When a 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 vehicle to such agency for the exclusive use of enforcing this title;

(b) (i) Sell the vehicle, in which case the proceeds shall be used for payment of all proper expenses of the investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure, storage, advertising, actual costs of the prosecuting or city attorney, and court costs. Money remaining after the payment of all expenses shall be distributed as follows:

(A) Seventy-five percent shall be deposited in the general fund of the state, county, or city of the seizing law enforcement agency;

(B) Twenty-five percent shall be remitted to the state treasurer for deposit in the highway safety fund established in RCW 46.68.060;

(ii) Money deposited according to this section must be deposited within ninety days of the date of final disposition of either the administrative seizure or the judicial seizure; or

(c) Request the appropriate sheriff or director of public safety to take custody of the vehicle and remove it for disposition in accordance with law.