"NEW SECTION.  Sec. 1   A new section is added to chapter 9A.88 RCW to read as follows:
     (1)(a) Except as provided in (b) through (e) of this subsection, the following are subject to seizure and forfeiture and no property right exists in them: All conveyances, including aircraft, vehicles, or vessels, that are used in any manner, within an area designated under subsection (11) of this section, to facilitate conduct that results in a conviction of commercial sexual abuse of a minor, promoting sexual abuse of a minor, or promoting travel for commercial sexual abuse of a minor.
     (b) No conveyance 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 conveyance is a consenting party or privy to a violation of an offense listed in (a) of this subsection.
     (c) No conveyance 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 the owner's knowledge or consent.
     (d) A forfeiture of a conveyance 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.
     (e) A conveyance is not subject to forfeiture under this section unless it is seized or process is issued for its seizure within ten days after a conviction of an offense listed in (a) of this subsection.
     (2) A conveyance subject to forfeiture under this section may be seized only after a conviction of an offense listed in subsection (1)(a) of this section. The conveyance may be seized by any law enforcement officer of this state upon process issued by any superior court having jurisdiction over the conveyance. Seizure of the conveyance without process may be made if:
     (a) The conveyance 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; or
     (b) A law enforcement officer has probable cause to believe that the conveyance is subject to forfeiture under this section.
     (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 seizure on the owner of the conveyance seized and the person in charge thereof and any person having any known right of interest therein, including any community property interest, of the seizure and intended forfeiture of the seized conveyance. Notice of seizure in the case of a conveyance subject to a security interest that has been perfected by filing a financing statement in accordance with chapter 62A.9A RCW, or a certificate of title, shall be made by service upon the secured party or the secured party's assignee at the address shown on the financing statement or certificate of title. The notice of seizure in other cases 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 a seized conveyance within forty-five days of the seizure, the item seized shall be deemed forfeited.
     (5) If any person notifies the law enforcement agency in writing of the person's claim of ownership or right to possession of a seized conveyance 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, except where the seizing agency is a state agency as defined in RCW 34.12.020(4), 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, except that any person asserting a claim or right may remove the matter to a court of competent jurisdiction. Removal of any matter under this section may only be accomplished according to the rules of civil procedure. The person seeking removal of the matter must serve process against the state, county, political subdivision, or municipality that operates the seizing agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within forty-five days after the person seeking removal has notified the seizing law enforcement agency of the person's claim of ownership or right to possession. The court to which the matter is to be removed shall be the district court when the value of the conveyance is within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency and any appeal therefrom shall be under Title 34 RCW. In all cases, the burden of proof is upon the law enforcement agency to establish, by a preponderance of the evidence, that the conveyance is subject to forfeiture.
     The seizing law enforcement agency shall promptly return the conveyance 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 thereof.
     (6) In any proceeding to forfeit a conveyance under this section, where the claimant substantially prevails, the claimant is entitled to reasonable attorneys' fees reasonably incurred by the claimant. In addition, in a court hearing between two or more claimants to the conveyance involved, the prevailing party is entitled to a judgment for costs and reasonable attorneys' fees.
     (7) When a conveyance 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 conveyance to such agency for the exclusive use of enforcing the provisions of this chapter;
     (b) Sell that which is not required to be destroyed by law and which is not harmful to the public; or
     (c) Request the appropriate sheriff or director of public safety to take custody of the conveyance and remove it for disposition in accordance with law.
     (8)(a) When a conveyance is forfeited, the seizing agency shall keep a record indicating the identity of the prior owner, if known, a description of the conveyance, the disposition of the conveyance, the value of the conveyance at the time of the seizure, and the amount of proceeds realized from disposition of the conveyance.
     (b) Each seizing agency shall retain records of forfeited conveyances for at least seven years.
     (c) Each seizing agency shall file a report including a copy of the records of forfeited conveyances with the state treasurer each calendar quarter.
     (d) The quarterly report need not include a record of forfeited conveyances that are still being held during the appeal from a conviction.
     (9)(a) By January 31st of each year, each seizing agency shall remit to the state treasurer an amount equal to the greater of ten percent of the net proceeds of any conveyances forfeited during the preceding calendar year or the net proceeds of any conveyances forfeited during the year minus the administrative costs of the forfeiture. Money remitted shall be deposited in the prostitution prevention and intervention account established under RCW 43.63A.740.
     (b) The net proceeds of a forfeited conveyance is the value of the forfeitable interest in the conveyance after deducting the cost of satisfying any bona fide security interest to which the conveyance is subject at the time of the seizure; and in the case of a sold conveyance, after deducting the cost of sale, including reasonable fees or commissions paid to independent selling agents.
     (c) The value of a sold forfeited conveyance is the sale price. The value of a retained forfeited conveyance is the fair market value of the conveyance at the time of seizure, determined by reference to any applicable commonly used index. A seizing agency may use, but need not use, an independent qualified appraiser to determine the value of retained conveyances. If an appraiser is used, the value of the conveyance appraised is net of the cost of the appraisal. The value of a destroyed conveyance is zero.
     (d) The administrative costs of the forfeiture include, but are not limited to, the costs of impoundment, towing, hearings, and employee time.
     (10) Forfeited conveyances and net proceeds not required to be paid to the state treasurer shall be retained by the seizing law enforcement agency exclusively for the expansion and improvement of prostitution-related law enforcement activity. Money retained under this section may not be used to supplant preexisting funding sources.
     (11) A local governing authority may designate areas within which conveyances are subject to forfeiture under this section. The designation must be based on evidence indicating that the area has a disproportionate number of arrests for the offenses listed in subsection (1)(a) of this section as compared to other areas. The local governing authority shall post signs that indicate that the area has been designated under this subsection.

Sec. 2   RCW 9A.88.140 and 2007 c 368 s 8 are each amended to read as follows:
     (1) Upon an arrest for a suspected violation of patronizing a prostitute, prostitution, promoting prostitution in the first degree, promoting prostitution in the second degree, promoting travel for prostitution, or commercial sexual abuse of a minor, the arresting law enforcement officer may impound the person's vehicle if (a) the motor vehicle was used in the commission of the crime; and (b) the person arrested is the owner of the vehicle((; and (c) the person arrested has previously been convicted of patronizing a prostitute, under RCW 9A.88.110, or commercial sexual abuse of a minor, under RCW 9.68A.100)).
     (2) Impoundments performed under this section shall be in accordance with chapter 46.55 RCW."