HB 789 — CRIMINAL/PROCEDURE: Provides with respect to the seizure of off-road vehicles (EN SEE FISC NOTE LF EX)

HLSENROLLED 26RS-763 ENGROSSED Regular Session HOUSE BILL NO.

789 BY REPRESENTATIVE GALLE CRIMINAL/PROCEDURE:AN ACT To amend and reenact R.S.

Provides14:99.2(A), with(B)(2), respectand to(B)(3)(introductory theparagraph) seizure of off-road vehicles AN ACT To amend and reenactto enact R.S.

14:99.2(B)(2) and to enact R.S.

to provide for the sale of seized off-roadoff- road vehicles and disbursement of funds;

Section1.Section 1.

R.S.14:99.2(B)(2)isherebyamendedandreenactedandR.S.14:99.3andR.S. 99.4 are herebyenacted to read as follows:

14:99.2(A), (B)(2), and (B)(3)(introductory paragraph) are hereby amended and reenacted and R.S.

14:99.3 and 99.4 are herebyenacted to read as follows:

Reckless operation of an off-road vehicle *A. * * B.

Reckless operation of an off-roadvehicleis theoperationofanyoff-road vehicle in a criminally negligent or reckless manner upon any public roadway or right of way which public roadway or right of way is located within the territorial jurisdiction of a municipality or incorporated area of a parish.

B.

(d)Page Travels1 against the flow of traffic.5 CODING:

(e) Disregards traffic control devices.

Page 1 of 6 CODING:

HLS 26RS-763 ENGROSSED HB NO.

789 (f)ENROLLED Drives(d) aroundTravels oragainst betweenstandingthe orflow movingvehicles without regard to lanes of traffic.

(e) Disregards traffic control devices.

(f) Drives around or between standing or movingvehicles without regard to lanes of traffic.

(3) For purposes of this Section, reckless operation of an off-road vehicle shall also include operating the vehicle on a public roadway or right of way which public roadway or right of way is located within the territorial jurisdiction of a municipality or incorporated area of a parish:

Seizure of an off-roadvehicleoff-road allegedvehicle toA. be used in violation of R.S.

14:99.2Any A.off-road vehicle that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the off-road vehicle was used in violation of R.S.

Any off-road vehicle that is not evidence of a criminal violation maybe seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the off-road vehicle was used in violation of R.S.

The court may order that the property be held pending forfeiture on such termstermsandconditions and conditions asarereasonablein thediscretionofthecourt.the discretionofthecourt.

UponaUponafinding finding of no probable cause, the propertyshall be released to the established owner.

C.Page 2 of 5 CODING:

Anyoff-roadvehiclethatis allegedtobeevidenceofacriminalviolation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the property is subject to forfeiture pursuant to this Section.

Withinseventy-twohours,exclusiveofholidaysorweekends,afterserviceofnotice of pending forfeiture, the seizing agency shall apply to the court for a warrant of Page 2 of 6 CODING:

HLS 26RS-763 ENGROSSED HB NO.

789 seizureENROLLED toC. hold the property pending forfeiture, unless such warrant has been previously obtained.

Anyoff-roadvehiclethatisallegedto beevidenceofacriminalviolation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the off-road vehicle was used in violation of R.S.

14:99.2.

Withinseventy-twohours,exclusiveofholidaysorweekends,afterserviceofnotice of pending forfeiture, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained.

14:99.2, the officeof the attorneygeneralshallattorneygeneral shall have all of the powers and duties of the office of the district attorney.

Upon successful prosecution of the forfeiture bythe office of the attorney general, the share of the proceeds that would have otherwise gone to the officeofPage the3 district attorneyshall be paid to the office of the5 attorneygeneralasCODING: the agency that employs the attorneys handling the prosecution.

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

HB NO.

789 ENROLLED office of the district attorneyshall be paid to the office of the attorneygeneral as the agency that employs the attorneys handling the prosecution.

If afterthirtydaysafter thirtydays of the Notice of Pending ForfeitureForfeiturehavingbeen having been given to the owner and all lienholders of record with the office of motor vehicles, and no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeitureforfeitureand and allocation of forfeited propertypropertywith with the Pagecourt 3 of 6jurisdiction. CODING:

Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscoredUpon area additions.determination by the court that the prosecuting agency's written application establishes the court's jurisdiction, the giving of proper notice, and facts sufficient to show probable cause for forfeiture, the court shall order the propertyforfeited to the state.