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Introduced Version House Bill 2100 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2100


(By Delegate Stalnaker)

[Introduced February 14, 2001 ; referred to the

Committee on the Judiciary.]





A BILL to amend article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section ten, relating to providing for seizure of motor vehicle and license plates upon arrest for third offense of failure to maintain proper security upon motor vehicle; return of motor vehicle to rightful owner; providing for forfeiture of motor vehicle and subsequent disposition upon conviction after appeal, if any; disposition of proceeds; cooperation of prosecuting attorneys; and arrest procedures.

Be it enacted by the Legislature of West Virginia:

That article two-a, chapter seventeen-d of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section ten, to read as follows:
ARTICLE 2A. SECURITY UPON MOTOR VEHICLES.

§17D-2A-10. Additional criminal penalties for third or subsequent violation of failure to maintain required security; seizure of motor vehicle and license plates upon arrest; exception; release of motor vehicle; property taken not subject to replevin; forfeiture of same upon conviction; notice of public auction following unsuccessful appeals; disposition of proceeds; surrender of license plate to commissioner; cooperation of prosecuting attorneys; arrest procedures.

(a) If a person is arrested for a third or subsequent violation under section seven of this article, the arresting officer, in addition to any action which he or she may be required or authorized to take by any other provision of law, shall seize the vehicle that the person was operating at the time of the alleged offense and its license plates. Except as otherwise provided in this article, the officer shall seize the vehicle and its license plates regardless of whether the vehicle is registered in the name of the arrested person or in the name of another person or entity. This section does not apply to or affect any motor vehicle which is leased or rented for a period of thirty days or less, except that a law-enforcement officer that makes an arrest contemplated by this section and that involves a leased or rented vehicle which is leased or rented for a period greater than thirty days shall notify, within twenty-four hours after the arrest, the lessor or owner of the vehicle regarding the circumstances involved in the arrest and the location at which the vehicle may be recovered into the possession of the lessor or owner.
(b) At the time of seizure of the vehicle, the arresting officer shall give the arrested person written notice that the motor vehicle and its license plate have been seized; that the vehicle will remain seized at least until the initial appearance of the person; that at the initial appearance, the court may order the vehicle and plates released to the vehicle owner if the vehicle owner is determined to be the arrested person until adjudication of guilt or innocence; that, if the arrested person is the owner of the vehicle, it shall be unlawful for that person to sell or otherwise convey ownership in the vehicle to another person or entity; that if the arrested person is not the owner of the vehicle, the arrested person should immediately inform the vehicle owner that the vehicle and plates have been seized; that the vehicle owner may be able to obtain the release of the vehicle and plates at the initial appearance of the arrested person or thereafter by producing proof of ownership satisfactory to the court, such ownership in effect at the time that the driver of the vehicle was arrested; that, if the arrested person is convicted of the offense contemplated within this article, and is determined by the court to own the vehicle that the vehicle shall be forfeited. (c) The arresting officer shall give written notice of seizure of the motor vehicle and license plates to the court when charges are filed against the arrested person. The property taken under this section shall not be subject to replevin by the arrested person or any representative acting upon his or her behalf, but is considered to be in the appropriate custody of the law-enforcement agency which employs the arresting officer, subject only to the orders and decrees of the court having jurisdiction over the arrested person.
(d) At the initial or subsequent appearance of the person, if the vehicle is owned by the arrested person, the court in its sole discretion may order the temporary release of the vehicle and its license plates to the vehicle owner until the disposition of that charge. Alternatively, the court may order the continued seizure of the motor vehicle until the person is acquitted or found guilty.
In any instance in which the court makes a finding that vehicle is owned by the arrested person, the court shall issue an order forbidding the sale or transfer of ownership by whatever means from the arrested person to another person or entity.
(e) If the arrested person is convicted of the charge of violation of section four of this article, and the conviction is the third or subsequent conviction for the same violation, the court shall, among other things, order the surrender of the license plates and forfeiture of the vehicle. The forfeited vehicle shall be offered at public auction to the highest bidder for cash. Notice of the public auction shall be published as a Class III legal advertisement in accordance with article three, chapter fifty-nine of this code. The publication area shall be the county where the public auction will be held: Provided, That the court makes a specific finding that the arrested and convicted person is the owner of the vehicle at the time of initial arrest.
(f) No disposition of the seized property shall occur until all applicable periods for filing a notice of intent to appeal has expired and no party in interest shall have filed such notice. The filing of the notice of intent to appeal shall stay any disposition until the appeal has been finally adjudicated or until the appeal period of one hundred eighty days has expired without an appeal actually been taken or filed, unless a valid extention of the appeal has been granted by the court under the provisions of section seven, article four, chapter fifty-eight of this code. In the absence of an appeal timely filed by the convicted person, or subsequent to the denial thereof, the court shall order that the forfeited vehicle be offered at public sale and shall order that the license plate be returned to the commissioner of motor vehicles.
(g) The proceeds from every public sale conducted pursuant to this section shall be paid and applied as follows: (1) On the balance due on any security interest preserved by the court; (2) to the reasonable costs incurred in storage of the property; and, (3) to the costs incurred in selling the property. The remainder or net proceeds, if any, shall be forwarded to the treasurer of the state for application to the general school fund.
(h) All prosecuting attorneys shall assist in the enforcement of all provisions of this section and shall cooperate with law-enforcement agencies and arresting officers charged with the enforcement of the laws of this state.
(i) The arrest procedures authorized in section four, article nineteen, chapter seventeen-c of this code shall apply to the enforcement of all provisions of this article.


NOTE: The purpose of this bill is to provide for the seizure of a motor vehicle and license plates upon arrest for third offense of failure to maintain proper security on a motor vehicle.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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