GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 177

Short Title:  Car Seized–Driving on Revoked D.L.	(Public)

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Sponsors: Senators Carpenter; Clark and Ledbetter.

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Referred to:  Judiciary II/Election Laws.

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February 13, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR THE SEIZURE OF A MOTOR VEHICLE USED BY A PERSON DRIVING WITH A PERMANENTLY REVOKED DRIVERS LICENSE.
The General Assembly of North Carolina enacts:
Section 1. Chapter 20 of the General Statutes is amended by adding a new section to read:
"§ 20-28.3.  Forfeiture of motor vehicle for driving while license permanently revoked.
(a)	If at a sentencing hearing for any moving violation the judge determines that the defendant's drivers license was permanently revoked pursuant to G.S. 20-28(b), the motor vehicle that was driven by the defendant at the time he committed the offense is property subject to forfeiture.
(b)	Duty of Prosecutor to Notify Possible Innocent Parties. – In any case in which a prosecutor determines that a motor vehicle driven by a defendant may be subject to forfeiture under this section, the prosecutor shall determine the identity of the vehicle owner as shown on the certificate of title for the vehicle; and he shall also determine if there are any security interests noted on the vehicle's certificate of title. The State shall notify the holder of each security interest that the vehicle may be subject to forfeiture and that he may intervene to protect his interest. If the defendant is not the owner,  a similar notice shall be served on the owner. The notice may be served by any means reasonably likely to provide actual notice, and shall be served at least 14 days before the forfeiture hearing.
(c)	Duty of Judge. – The judge at sentencing shall hold a hearing  to determine if the vehicle should be forfeited. At the hearing the judge may order the forfeiture if he finds that:
(1)	The vehicle is subject to forfeiture;
(2)	The vehicle is not primarily used by a member of the defendant's family or household for a business purpose or for driving to and from work or school;
(3)	All potential innocent parties have been notified as required in subsection (b) of this section; and
(4)	No party has shown that he is an innocent party as described in subsection (e) of this section.
If the owner or the holder of a security interest has not been notified, the judge may continue the hearing to allow the State to serve the notice or he may decline to order forfeiture. In any case in which a judge does not order the forfeiture of a vehicle subject to forfeiture, he shall enter into the record detailed, written reasons for his decision.
(d)	Sale of Forfeited Vehicle Required. – If the judge orders forfeiture of the vehicle pursuant to this section, he shall order the sale of the vehicle. Proceeds of the sale shall be paid to the school fund of the county in which the property was seized.
(e)	Innocent Party May Intervene. – At any time before the forfeiture is ordered, the property owner or holder of a security interest, other than the defendant, may apply to protect his interest  in the motor vehicle. The application may be made to a judge who has jurisdiction to try the impaired driving offense with which the motor vehicle is associated. The judge shall order the vehicle returned to the owner if he finds that either the owner or the holder of a security interest is an innocent party. An owner or holder of a security interest is an innocent party if he:
(1)	Did not know and had no reason to know that the defendant's drivers license was revoked; or
(2)	Knew that the defendant's drivers license was revoked, but the defendant drove the vehicle without his consent.
If an innocent party applies after the forfeited motor vehicle has been sold and the judge finds no laches in the innocent party's delay, the judge may order a payment to the innocent party from the net proceeds of the sale equal to his equity or security interest in the vehicle.
(f)	The Division of Motor Vehicles shall maintain a list of defendants who have forfeited vehicles pursuant to this section, and those persons shall be permanently barred from obtaining a drivers license or registering any motor vehicle in this state." Sec. 2.  This act becomes effective July 1, 1995.