Bill Text: CT HB06697 | 2013 | General Assembly | Introduced

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Bill Title: An Act Concerning The Forfeiture Of A Motor Vehicle Operated While Consuming Or Under The Influence Of Intoxicating Liquor Or Drugs.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-04-11 - Public Hearing 04/15 [HB06697 Detail]

Download: Connecticut-2013-HB06697-Introduced.html

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General Assembly		Raised Bill No. 6697
January Session, 2013		LCO No. 5491
		*05491_______JUD*
Referred to Committee on JUDICIARY
Introduced by:
(JUD)

AN ACT CONCERNING THE FORFEITURE OF A MOTOR VEHICLE OPERATED WHILE CONSUMING OR UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2013) (a) Whenever any motor vehicle which may have been used in a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes has been seized as a result of a lawful arrest for a violation of any of said sections and which the state seeks to have disposed of in accordance with the provisions of this section, the law enforcement agency arresting the person accused of violating any of said sections shall, not later than ten days after such seizure, cause to be left with the owner of, and with any person claiming of record a bona fide lien, lease or security interest in the vehicle so seized as of the date of seizure, or at such person's usual place of abode or business, a summons notifying the owner and any such other person claiming such lien, lease or security interest that the motor vehicle has been seized, that the owner or the owner's agent, permittee or lessee may secure release of the motor vehicle upon substitution of a bond or other security as provided in section 3 of this act and that the owner or other person claiming such lien, lease or security interest shall appear before the court at a place and time named in such notice which shall be not less than ten, nor more than twenty, days after the service thereof. Such summons shall be signed by a clerk of the court and service shall be made by a local or state police officer or by registered or certified mail. The summons shall describe the motor vehicle with reasonable certainty and state when, where and why the motor vehicle was seized.

(b) The owner or any other person claiming such lien, lease or security interest in the motor vehicle who has received notice of its seizure pursuant to subsection (a) of this section or any other person claiming such lien, lease or security interest in the motor vehicle may appear at such hearing. The hearing shall be deemed a civil suit in equity. At such hearing the prosecuting authority shall have the burden of proving all material facts by clear and convincing evidence. No testimony offered or evidence produced by such owner or person claiming a lien, lease or security interest at such hearing and no evidence discovered as a result of or otherwise derived from such testimony or evidence may be used against such owner or person claiming a lien, lease or security interest in any proceeding, except that no such owner or person claiming a lien, lease or security interest shall be immune from prosecution for perjury or contempt committed while giving such testimony or producing such evidence. If, after such hearing, the court finds that the prosecuting authority has failed to meet its burden of showing that the motor vehicle was used in violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes and that such owner or person claiming a lien, lease or security interest knew or reasonably should have known that such motor vehicle was being used or was intended to be used in a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes, the court shall order that such motor vehicle be released to such owner or person claiming a lien, lease or security interest or shall take such other action as may be necessary to protect the interest of such owner or person claiming a lien, lease or security interest.

(c) Upon conviction of a person under subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes, the court may render a judgment that the motor vehicle used in the commission of the offense be forfeited to the state, except that if any such motor vehicle is subject to a bona fide lien, lease or security interest, such motor vehicle shall not be so disposed of in violation of the rights of the holder of such lien, lease or security interest. Whenever any motor vehicle has been ordered forfeited to the state under this section, the court shall order that such motor vehicle be sold at public auction and the proceeds: (1) Applied to payment of the balance due on any lien, lease or security interest recognized or preserved by the court; (2) applied to payment of any costs incurred for the storage, maintenance and forfeiture of such vehicle; and (3) deposited in the General Fund and remitted to the municipality in which the arrest that resulted in conviction occurred.

(d) Upon final disposition other than a conviction for a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes, the court shall order the motor vehicle returned to its owner.

(e) If the court concludes that a motor vehicle previously owned by the arrested person would have been subject to forfeiture under this section but for the fact that it was transferred by the arrested person prior to the judgment of forfeiture with the intention of preventing its forfeiture under this section, the court may set aside such transfer. The court may also render any other appropriate order reasonably necessary to protect the rights of any innocent party to any such transfer.

(f) At any time prior to or after a judgment of forfeiture under this section, the prosecuting authority may compromise or otherwise remit or mitigate in whole or in part any claim or potential claim of the state arising under this section.

Sec. 2. (NEW) (Effective October 1, 2013) No motor vehicle shall be forfeited under sections 1 to 3, inclusive, of this act to the extent of the interest of an owner, lienholder, lessor or holder of a security interest by reason of an act or omission committed by another person unless such owner, lienholder, lessor or holder of a security interest knew or reasonably should have known that such motor vehicle was being used or was intended to be used in a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes. No motor vehicle that is jointly owned shall be forfeited under sections 1 to 3, inclusive, of this act unless all owners of record knew or reasonably should have known that such motor vehicle was being used or was intended to be used in a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes.

Sec. 3. (NEW) (Effective October 1, 2013) (a) Any motor vehicle seized in connection with the arrest of a person for a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes shall be released to the owner thereof or the owner's agent, permittee or lessee upon the substitution of cash or a bond with surety or a lien on any other property of the owner or the owner's agent, permittee or lessee which has a net equity value equal to or greater than the fair market value of the motor vehicle.

(b) If a motor vehicle seized in connection with the arrest of a person for a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes is released pursuant to subsection (a) of this section and such arrested person is convicted of such violation, the owner of the motor vehicle or the owner's agent, permittee or lessee shall deliver the motor vehicle in substantially the same condition as when it was seized, reasonable wear and tear excepted, not later than five days after the judgment of forfeiture to the party designated by the court in such judgment. If the motor vehicle is delivered as ordered, the court shall order the bond or other security substituted pursuant to subsection (a) of this section to be returned to the owner or the owner's agent, permittee or lessee. If the motor vehicle is not so delivered, the court shall order such bond or other security to be forfeited and the proceeds disposed of as provided in subdivisions (1) to (3), inclusive, of subsection (c) of section 1 of this act.

(c) If the arrested person is not convicted of a violation of subsection (a) of section 14-227a of the general statutes or section 53a-56b, 53a-60d or 53a-213 of the general statutes, the court shall order the bond or other security substituted pursuant to subsection (a) of this section to be returned to the owner or the owner's agent, permittee or lessee.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2013	New section
Sec. 2	October 1, 2013	New section
Sec. 3	October 1, 2013	New section

Statement of Purpose:

To increase the penalty for operating a motor vehicle while consuming intoxicating liquor or while under the influence of intoxicating liquor or drugs by permitting the seizure and forfeiture of a motor vehicle used to commit such offense and remitting the proceeds to the municipality in which the offense occurred.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]