§ 31-27-4.3. Forfeiture of motor vehicle.
(a) Any motor vehicle including, but not limited to, cars, trucks, vessels, or motorcycles,
which has been or is being used in violation of § 31-27-4.1, may be seized and upon conviction forfeited; provided, that no motor vehicle as
enumerated in this section used by any person shall be forfeited under the provisions
of this chapter unless it shall appear that the owner of the vehicle had knowledge,
actual or constructive, and was a consenting party to the alleged illegal act.
(b)(1) The motor vehicle taken or detained under this section shall not be repleviable, but
shall be deemed to be in the custody of the law enforcement agency making the seizure.
Whenever a motor vehicle is forfeited under this chapter it shall be retained and
utilized by the law enforcement agency that seized the vehicle where the use of the
vehicle is reasonably related to the law enforcement duties of the seizing agency.
If the seized vehicle is inappropriate for use by law enforcement agency for reasons
including, but not limited to, style, size, or color, the seizing agency shall be
allowed to apply the proceeds of sale or the trade-in value of the vehicle towards
the purchase of an appropriate vehicle for use for activities reasonably related to
law enforcement duties.
(2) As to the proceeds from the sale of the property under subdivision (1) of this subsection,
the distribution shall be as follows:
(i) All proceeds of the forfeiture of the motor vehicle shall be distributed as follows:
all costs of advertising administrative forfeitures and costs for any damage to any
state or municipal vehicles which occurred as a result of the high speed pursuit shall
first be deducted from the amount forfeited. Of the remainder, eighty percent (80%)
of the proceeds shall be divided among the state and local law enforcement agencies
proportionately based upon their contribution to the investigation of the criminal
activity related to the asset being forfeited, and twenty percent (20%) of the proceeds
shall be provided to the state victims' indemnity fund.
(ii) Each state or local law enforcement agency shall be entitled to keep the proceeds
from sales of forfeited vehicles. The funds shall be used for law enforcement purposes.
The funds received by a state law enforcement agency shall be maintained in a separate
account by the general treasurer. The funds received by a local law enforcement agency
shall be maintained in a separate account by the local agency's city or town treasurer.
(c) Each law enforcement agency making any seizure(s) which result(s) in a forfeiture
pursuant to this section shall certify and file with the state treasurer between January
1 and January 30 an annual report detailing the vehicle or money forfeited during
the previous calendar year and the use or disposition of the property or money. The
report shall be made in the form and manner that may be provided or specified by the
treasurer and the annual law enforcement agency reports as provided in this subsection
shall be provided to the local governmental body governing the agency and to the house
and senate judiciary committees.
(d) Any law enforcement agency whose duty it is to enforce the laws of this state is empowered
to authorize designated officers or agents to carry out the seizure provisions of
this chapter. It shall be the duty of any officer or agent so authorized or designated
or authorized by law, upon or by means of which any violation of this chapter has
taken place or is taking place, to seize the vehicle and to place it in the custody
of the person who is authorized or designated for that purpose by the respective law
enforcement agency pursuant to those provisions.