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Office of the Revisor of Statutes

SF 14 Senate Long Description

Clarifying and modifying certain standards and procedures for vehicle forfeitures associated with driving while impaired (DWI); eliminating+ the definition of significant relationship and defining family or +household member; modifying the exception from the prohibition on the sale of vehicles +subject to an impoundment order for nonrelated persons; clarifying the +definition of owner; defining claimant, family or household member and security +interest; requiring a notice of seizure and intent to forfeit in cases of +seizure without process; subjecting trailers used to transport motorboats or off-road recreational vehicles used in a designated offense to forfeiture; +creating a presumption of subjection to and modifying certain limits on +forfeiture; modifying and clarifying the administrative forfeiture procedure, +requiring service of copies of conciliation court statements of claim on +prosecuting authorities; modifying and clarifying the judicial forfeiture +procedure, prohibiting precedence over criminal prosecutions without the consent+ of the prosecuting authority and creating a presumption of vehicle +subjection to forfeiture, requiring reimbursement of filing fees upon a court order+ to return the seized vehicle; requiring financial institutions selling +forfeited vehicles to forward proceeds remaining after the payment of certain costs to +the appropriate agency; specifying conditions for vehicle transfer to a +family or household member of the violator committing the designated offense, +sworn statement requirement (mk)