Budget Amendment ID: FY2012-S3-64

LOC 64

Asset Forfeiture

Messrs. Hedlund, Tarr, Knapik and Ross moved that the proposed new text be amended by inserting after section xx the following new section:

Section 1: A motor vehicle operated by a person who has been arrested and charged with suspicion of violating federal immigration laws may be seized and kept safely by the arresting officer’s department until resolution of the outstanding criminal case.

In cases where the person is determined to be in violation of federal immigration laws, the motor vehicle may be classified as forfeited property and may be sold or destroyed, as the public interest requires. Any money generated through the sale of a seized motor vehicle may be retained by the arresting police department.

In all such actions where the motor vehicle is jointly owned before the date of the second or subsequent operating under the influence offense committed by the defendant by either a parent, spouse, child, grandparent, brother, sister, or parent of the spouse living in the defendant’s household, the commonwealth shall have the burden of proving to the court the existence of probable cause to institute the action, and the claimant shall have the burden of proving to the court’s satisfaction that the property is not forfeitable because the claimant is dependent on the motor vehicle or vessel for his livelihood or the maintenance of his family. The court shall order the commonwealth to give notice by certified or registered mail to the owners of the motor vehicle and such other persons or entities who appear to have an interest therein, and the court shall promptly, but not less than 2 weeks after notice, hold a hearing on the matter.