HB 1459

Present law provides that d rag racing is a Class E felony, and any person who operates a motor vehicle upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by t he public at large, or who is a participant therein, for the purpose of drag racing commits the offense of drag racing unless the premises are properly licensed for this purpose. However, if the violation r esults in the serious bodily injury of a participant, passenger, bystander or other person, then drag racing is punished as vehicular assault. Any motor vehicle used to commit the offense of drag racing or to flee after commission of the offense is, upon conviction, subject to seizure and forfeiture. LOCAL RESOLUTION OR ORDINANCE This bill adds that in any county or municipality that has passed a resolution or ordinance authorizing the seizure and impoundment of a motor vehicle observed by law enforcement to have been used to commit the offense of drag racing or to flee after commission of the offens e, a law enforcement officer may seize and cause such vehicle to be impounded . This bill authorizes a county or municipality to pass and implement a resolution or ordinance authorizing the seizure and impoundment of a motor vehicle as long as that county or municipality , and such resolution or ordinance , provide s for the following:  A minimum number of hours, not to exceed 120 , for which the vehicle is to be impounded before it can be released to the owner upon payment of all reasonable and customary fees relating to the towing and storage of the motor vehicle .  An administrative and judicial review process that enables the owner of the vehicle to contest the propriety of the seizure, impoundment, and associated fines and fees. "OWNER"" DEFINED As used in this bill, an ""owner"" means a person who holds the legal title of a vehicle or to whom the vehicle is registered, and includes an agent or authorized representative of a person who holds the legal title of a vehicle or to whom the vehicle is registered ."