(a) The following are subject to forfeiture:
(1) All conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate a violation of a prostitution-related offense, provided that:
(A) No conveyance used by any person as a common carrier in the course of transacting 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 a prostitution-related offense;
(B) No conveyance is subject to forfeiture under this section by reason of any act or omission that the owner establishes was committed or omitted without the owner's knowledge or consent;
(C) 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; or
(D) Where the conveyance is not being driven by the owner of the conveyance, there is a presumption that the owner is without knowledge of the illegal act, and therefore the conveyance should not be forfeited.
(2) All money, coins, and currency which has been used, or was intended for use, in violation of a prostitution-related offense.
(a-1)(1) A lien in favor of the District of Columbia is hereby created in an amount equal to the costs of towing, storing, and administrative processing of a conveyance seized and subject to forfeiture pursuant to §§ 22-2701, 22-2703, and this section.
(2) The Mayor, or his or her designee, shall establish a reasonable cost for the towing, storing, and administrative processing of seized conveyances.
(3) The Corporation Counsel of the District of Columbia, or his or her designee, may agree to release a lien by stipulation with the registered owner or lienholder of a seized conveyance.
(b) All seizures and forfeitures of property under this section shall be pursuant to § 48-905.02, except that seized money, coins, and currency shall be deposited as provided in subchapter IIA of Chapter 5 of Title 23 of the District of Columbia Official Code.
CREDIT(S)
(Aug. 15, 1935, 49 Stat. 651, ch. 546, § 5, as added May 7, 1993, D.C. Law 9-267, § 2, 39 DCR 5684; May 24, 1996, D.C. Law 11-130, § 3(c), 43 DCR 1570; October 4, 2000, D.C. Law 13-160, § 403(a), 47 DCR 4619; Apr. 24, 2007, D.C. Law 16-306, § 211(b), 53 DCR 8610.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 22-2723.
Effect of Amendments
D.C. Law 13-160 rewrote subsec. (b), which had read:
“All seizures and forfeitures of property under this section shall be pursuant to § 33-552 [1981 Ed.].”
D.C. Law 16-306, in pars. (1) and (2) of subsec. (a), substituted “a violation of a prostitution-related offense” for “a violation of this act”.
Emergency Act Amendments
For temporary amendment of section, see § 3 of the Safe Streets Anti-Prostitution Emergency Amendment Act of 1995 (D.C. Act 11-133, August 11, 1995, 42 DCR 4680) and see § 3 of the Safe Streets Anti-Prostitution Legislative Review Emergency Amendment Act of 1995 (D.C. Act 11-153, November 9, 1995, 42 DCR 6567).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).
For temporary (90 day) amendment of section, see § 211(b) of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).
Legislative History of Laws
Law 9-267, the “Safe Streets Forfeiture Amendment Act of 1992,” was introduced in Council and assigned Bill No. 9-260, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on June 2, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 21, 1992, it was assigned Act. No. 9-250 and transmitted to both Houses of Congress for its review. D.C. Law 9-267 became effective on May 7, 1993.
For legislative history of D.C. Law 11-77, see Historical and Statutory Notes following § 22-2701.
For legislative history of D.C. Law 11-130, see Historical and Statutory Notes following § 22-2701.
Law 13-160, the “Omnibus Police Reform Amendment Act of 2000,” was introduced in Council and assigned Bill No. 13-118, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 1, 2000, and April 3, 2000, respectively. Signed by the Mayor on April 24, 2000, it was assigned Act No. 13-334 and transmitted to both Houses of Congress for its review. D.C. Law 13-160 became effective on October 4, 2000.
For Law 16-306, see notes following § 22-404.