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added = the amendment's new text.
ENROLLEDHCAHB789 4825 3012 HOUSE COMMITTEE AMENDMENTS Regular Session HOUSEAmendments BILLproposed NO.by House Committee on Administration of Criminal Justice to Original House Bill No.
789 BYby REPRESENTATIVERepresentative GALLEGalle ANAMENDMENT ACTNO. To amend and reenact R.S.
14:99.2(A),1 (B)(2),On andpage (B)(3)(introductory3, paragraph)between lines 17 and to18, enactinsert R.S.the following:
14:99.3"F. and 99.4 and to repeal R.S.
14:99.2(E)(4), relative to the seizure of off-road vehicles;
to provide for forfeiture;
to provide for the sale of seized off- road vehicles and disbursement of funds;
and to provide for related matters.
Be it enacted by the Legislature of Louisiana:
Section 1.
R.S.
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:
§99.2.
Reckless operation of an off-road vehicle A.
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.
* * * (2) For the purposes of this Section and R.S.
14:99.3, acts which may constitute reckless operation of an off-road vehicle shall include but not be limited to operating the vehicle on a public roadway or right of way in a manner that does any of the following:
(a) Forces another vehicle to leave the roadway.
(b) Collides with another vehicle or person.
(c) Exceeds the posted speed limit.
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789 ENROLLED (d) Travels against the flow of traffic.
(e) Disregards traffic control devices.
(f) Drives around or between standing or movingvehicles without regard to lanes of traffic.
(g) Impedes traffic flow.
(h) Travels Deliberately travels off the roadway and back on to onto the roadway deliberately.
(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:
* * * §99.3.
Seizure of an off-road vehicle A.
Any 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.
14:99.2.
Within seventy-two hours, exclusive of holidays or weekends, after actual or constructive seizure, 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.
Such application shall be on an affidavit under oath demonstrating that probable causeexistsforseizureoftheproperty.
Thesufficiencyofthewarrantofseizureand affidavit under oath shall be determined in accordance with the law on search warrants.
The court may order that the property be held pending forfeiture on such termsandconditions asarereasonablein the discretionofthecourt.
Uponafinding of no probable cause, the propertyshall be released to the established owner.
B.
A seizure for forfeiture without process is reasonable if made under circumstances in which a warrantless seizure or arrest would be reasonable in accordance with law.
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789 ENROLLED C.
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.
Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state actionandregardlessofwhetherthepropertyhasbeenthesubjectofapreviousfinal judgmentofforfeitureinthecourtsofanystateortheUnitedStates.
Thesufficiency of seizure and affidavit under oath shall be determined in accordance with the law onsearchwarrants.
Thecourtmayorderthatthepropertybeheldpendingforfeiture on such terms and conditions as are reasonable in the discretion of the court.
D.
Any seizing agency designated by the district attorney to make seizures for forfeiture shall notifythe district attorney within ten days after such seizure.
E.
Theforfeitureofoff-roadvehiclesmaybeprosecutedinconjunctionwith theunderlyingviolationsofR.S.14:99.2,ortheprosecutormayfileaseparateinrem action against the off-road vehicle.
The district attorney may transfer this seizure actiontoanyotheragencythatmaybeprosecutingtheassociatedcriminalviolations of R.S.
14:99.2.
F.
14:99.4, when the officeofficeof of the attorney general acts as the ad hoc district attorney for the prosecution of the underlying violation of R.S.
In all such cases, the office of the attorneygeneralattorney mayelectgeneral may elect to prosecute the forfeiture in addition to the underlying crime.
Upon successful prosecution of the forfeiture bythe officeofficeof of the attorney general, the share of the proceeds that would have otherwise gone to the office of the district attorneyshall be paid to the office of the attorneygeneral as the agency that employs the attorneys handling the prosecution." Page 31 of 51 CODING:
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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.
§99.4.
Judicial disposition of off-road vehicles;
disbursement of proceeds A.
If after thirtydays of the Notice of Pending Forfeiturehavingbeen 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 forfeitureand allocation of forfeited propertywith the court of jurisdiction.
Upon a 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.
B.
After final disposition of all claims timely filed in an action in rem, the courtshallenteranorderthatthestatehascleartitletotheforfeitedoff-roadvehicle.
Titletotheforfeitedoff-roadvehicleanditsproceedsshallbedeemedtohavevested in the state on the commission of the conduct giving rise to the forfeiture pursuant to R.S.
14:99.3.
C.
Onorderofthecourtforfeitingtheoff-roadvehicle,thestatemaytransfer good and sufficienttitle to anysubsequentpurchaserortransferee,andthetitle shall be recognized by all courts, by this state, and by all agencies of this state and any political subdivision.
D.
Uponmotionbytheprosecutingattorney,ifitappearsafterahearingthat therewasreasonablecausefortheseizureforforfeitureorforthefilingoftheNotice of Pending Forfeiture or petition, the court shall cause a finding to be entered that reasonable cause existed, and the claimant is not entitled to costs or damages, and the person or seizing agency who made the seizure and the prosecuting agency are not liable to suit or judgment on account of the seizure, suit, or prosecution.
E.
The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture pursuant to R.S.
14:99.3 to pay the reasonable costs and expenses of the state for the investigation and Page 4 of 5 CODING:
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789 ENROLLED prosecutionofthematter,includingreasonableattorneyfees,inconnectionwiththat claimant.
F.
Off-road vehicles seized pursuant to the provisions of R.S.
14:99.3 shall be destroyed or sold at public auction without appraisal, subject to the discretion of the prosecuting attorney, and any proceeds resulting from the disposition of the vehicles shall be disbursed in the order of priorityas follows:
(1)(a) For satisfaction of any bona fide security interest or lien.
(b) Thereafter, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.
(2) The remaining funds shall be allocated as follows:
(a) Sixty percent to the law enforcement agency or agencies making the seizure,suchproceedsto beusedin druglawenforcement,includingbut notlimited to reward programs established by the agencies.
(b) Twenty percent to the criminal court fund.
(c) Twentypercent to the office of the prosecuting agency that employs the attorneys who execute the forfeiture action for the state.
Section 2.
R.S.
14:99.2(E)(4) is hereby repealed in its entirety.
SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:
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