§ 31-27-4.3 - Forfeiture of motor vehicle.
SECTION 31-27-4.3
§ 31-27-4.3 Forfeiture of motor vehicle.– (a) Any motor vehicle including, but not limited to, cars, trucks, vessels, ormotorcycles, which has been or is being used in violation of § 31-27-4.1,may be seized and upon conviction forfeited; provided, that no motor vehicle asenumerated in this section used by any person shall be forfeited under theprovisions of this chapter unless it shall appear that the owner of the vehiclehad knowledge, actual or constructive, and was a consenting party to thealleged illegal act.
(b) The motor vehicle taken or detained under this sectionshall not be repleviable, but shall be deemed to be in the custody of the lawenforcement agency making the seizure. Whenever a motor vehicle is forfeitedunder this chapter it shall be retained and utilized by the law enforcementagency that seized the vehicle where the use of the vehicle is reasonablyrelated to the law enforcement duties of the seizing agency. If the seizedvehicle is inappropriate for use by law enforcement agency for reasonsincluding, but not limited to, style, size, or color, the seizing agency shallbe allowed to apply the proceeds of sale or the trade-in value of the vehicletowards the purchase of an appropriate vehicle for use for activitiesreasonably related to law enforcement duties.
(2) As to the proceeds from the sale of the property undersubdivision (1) of this subsection, the distribution shall be as follows:
(i) All proceeds of the forfeiture of the motor vehicle shallbe distributed as follows: all costs of advertising administrative forfeituresand costs for any damage to any state or municipal vehicles which occurred as aresult of the high speed pursuit shall first be deducted from the amountforfeited. Of the remainder, eighty percent (80%) of the proceeds shall bedivided among the state and local law enforcement agencies proportionatelybased upon their contribution to the investigation of the criminal activityrelated to the asset being forfeited, and twenty percent (20%) of the proceedsshall be provided to the state victims' indemnity fund.
(ii) Each state or local law enforcement agency shall beentitled to keep the proceeds from sales of forfeited vehicles. The funds shallbe used for law enforcement purposes. The funds received by a state lawenforcement agency shall be maintained in a separate account by the generaltreasurer. The funds received by a local law enforcement agency shall bemaintained in a separate account by the local agency's city or town treasurer.
(c) Each law enforcement agency making any seizure(s) whichresult(s) in a forfeiture pursuant to this section shall certify and file withthe state treasurer between January 1 and January 30 an annual report detailingthe vehicle or money forfeited during the previous calendar year and the use ordisposition of the property or money. The report shall be made in the form andmanner that may be provided or specified by the treasurer and the annual lawenforcement agency reports as provided in this subsection shall be provided tothe local governmental body governing the agency and to the house and senatejudiciary committees.
(d) Any law enforcement agency whose duty it is to enforcethe laws of this state is empowered to authorize designated officers or agentsto carry out the seizure provisions of this chapter. It shall be the duty ofany officer or agent so authorized or designated or authorized by law, upon orby means of which any violation of this chapter has taken place or is takingplace, to seize the vehicle and to place it in the custody of the person who isauthorized or designated for that purpose by the respective law enforcementagency pursuant to those provisions.