SB 61

Under current law, a law enforcement agency may acquire certain property

involved in the commission of crime through a forfeiture proceeding. The forfeiture

law applies to all property directly or indirectly derived from the commission of a

crime and certain other property related to the commission of a crime.

Also under current law, no one may operate a motor vehicle while under the

influence of an intoxicant or with a prohibited blood alcohol concentration or with a

detectable amount of a restricted controlled substance in his or her blood. A person

who does so, or who improperly refuses a field sobriety test, is guilty of an offense

related to operating while intoxicated (OWI-related offense) and is subject to

forfeitures or fines and periods of imprisonment that increase with each subsequent

OWI-related offense.

Under this bill, if a person commits a third or subsequent OWI-related offense,

the sentencing court may also order that the vehicle used in the offense be seized.

If a seizure is ordered, the district attorney prosecuting the offense must then initiate

a forfeiture proceeding regarding the vehicle. The seizure and forfeiture provisions

in this bill do not apply to a rental vehicle or a vehicle that was operated without the

knowledge or consent of the owner.