HLS 10RS-407 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 360
BY REPRESENTATIVE PERRY
SEIZURES/SALES: Provides with respect to the seizure of vehicles
AN ACT1
To amend and reenact R.S. 14:98(D)(2)(d) and (E)(2)(d) and to enact R.S. 14:98.3(D),2
relative to driving offenses; to provide with respect to the seizure and sale of3
vehicles; to provide for the distribution of proceeds from the sale of such vehicles;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 14:98(D)(2)(d) and (E)(2)(d) are hereby amended and reenacted and7
R.S. 14:98.3(D) is hereby enacted to read as follows: 8
§98. Operating a vehicle while intoxicated9
* * *10
D.11
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(2)13
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(d) The proceeds of the sale shall first be used to pay court costs and towing15
and storage costs, and the remainder shall be forwarded to the Council on16
Automobile Insurance Rates and Enforcement for its use in studying other ways to17
reduce drunk driving and insurance rates. distributed as follows:18
(i) Sixty percent to the law enforcement agency or agencies making the19
seizure.20 HLS 10RS-407 ORIGINAL
HB NO. 360
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(ii) Twenty percent to the district attorney's office handling the forfeiture1
action for the state.2
(iii) Twenty percent to the Louisiana Property and Casualty Insurance3
Commission for its use in studying ways to reduce drunk driving and insurance rates.4
* * *5
E.6
* * *7
(2)8
* * *9
(d) The proceeds of the sale shall first be used to pay court costs and towing10
and storage costs, and the remainder shall be forwarded to the Council on11
Automobile Insurance Rates and Enforcement for its use in studying other ways to12
reduce drunk driving and insurance rates. distributed as follows:13
(i) Sixty percent to the law enforcement agency or agencies making the14
seizure.15
(ii) Twenty percent to the district attorney's office handling the forfeiture16
action for the state.17
(iii) Twenty percent to the Louisiana Property and Casualty Insurance18
Commission for its use in studying ways to reduce drunk driving and insurance rates.19
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§98.3. Operating a vehicle while under suspension for certain prior offenses21
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D.(1) In addition, the court may order that the vehicle being driven by the23
offender at the time of the offense shall be seized and impounded and sold at auction24
in the same manner and under the same conditions as executions of writ of seizure25
and sale as provided in Book V, Title II, Chapter 4 of the Code of Civil Procedure.26
(2) The vehicle shall be exempt from sale if it was stolen, or if the driver of27
the vehicle at the time of the violation was not the owner, and the owner did not28
know that the driver was operating the vehicle while under suspension. If this29 HLS 10RS-407 ORIGINAL
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exemption is applicable, the vehicle shall not be released from impoundment until1
such time as towing and storage fees have been paid.2
(3) In addition, the vehicle shall be exempt from sale if all towing and3
storage fees are paid by a valid lienholder.4
(4) The proceeds of the sale shall first be used to pay court costs and towing5
and storage costs and the remainder shall be distributed as follows:6
(a) Seventy percent to the law enforcement agency or agencies making the7
seizure.8
(b) Thirty percent to the district attorney's office handling the forfeiture9
action for the state.10
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Perry HB No. 360
Abstract: Provides relative to the seizure and sale of vehicles related to driving offenses.
Present law, regarding third or subsequent DWI offenses, requires the court to order that the
vehicle being driven by the offender at the time of the offense shall be seized, impounded,
and sold at auction.
Present law provides that the proceeds of the sale shall first be used to pay court costs and
towing and storage costs and the remainder shall be forwarded to the Council on Automobile
Insurance Rates and Enforcement for its use in studying other ways to reduce drunk driving
and insurance rates.
Proposed law amends present law and provides that the proceeds, less court costs and towing
and storage costs, shall be distributed as follows:
(1)60% to the law enforcement agency or agencies making the seizure.
(2)20% to the district attorney's office handling the forfeiture action for the state.
(3)20% to the La. Property and Casualty Insurance Commission for its use in studying
ways to reduce drunk driving and insurance rates.
Present law provides that it is unlawful to operate a motor vehicle on a public highway
where the operator's driving privileges have been suspended under certain circumstances.
Proposed law retains present law and provides that the court may order the seizure of the
vehicle being driven by the offender while his driving privileges are suspended unless the
vehicle was stolen, or if the driver of the vehicle at the time of the violation was not the
owner, and the owner did not know that the driver was operating the vehicle while under
suspension. HLS 10RS-407 ORIGINAL
HB NO. 360
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are additions.
Proposed law provides that after court costs and storage and towing fees have been paid, the
remaining proceeds shall be distributed as follows:
(1)70% to the law enforcement agency or agencies making the seizure.
(2)30% to the district attorney's office handling the forfeiture action for the state.
(Amends R.S. 14:98(D)(2)(d) and (E)(2)(d); Adds R.S. 14:98.3(D))