HB 1689

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. Any motor vehicle used to commit the offense of d rag racing or to flee after commission of the offense of drag racing is, upon conviction for the offense, subject to seizure and forfeiture. This bill authorizes a POST-certified or state-commissioned law enforcement officer with probable cause to believe that a motor vehicle has been used in drag racing to seize and impound the motor vehicle pending further administrative or judicial review. However, such an impoundment is limited to a maximum o f 72 hours, during which the impounding authority must notify the vehicle's owner or any known lienholder in writing. The notice must include the reasons for impoundment, and the owner has the right t o request an administrative hearing, if applicable, or to petition the general sessions court for a judicial hearing. This bill provides that if an administrative hearing or hearing before the general sessions court is requested or petitioned , then the hearing must be held within five business days of the request or petition, whereupon the owner may contest the seizure. If probable cause is not substantiated, then any impoundment fees paid by the owner must be reimbursed or the vehicle must be immediately released to the owner at no cost if the vehicle is still impounded at the time of the hearing. This bill clarifies that it does not affect or supersede state seizure and forfeiture under present law. A vehicle subject to impoundment may still be seized and forfeited upon conviction.