§ 55-5-204 — Seizure of property

(a) Any motor vehicle or motor vehicle component part with identification numbers or distinguishing numbers or marks that have been altered, counterfeited, defaced, destroyed, disguised, falsified, forged, obliterated, or removed shall be seized, forfeited, and disposed of in accordance with § 55-5-108 . (b) Any tool, implement, or instrumentality used: (1) To alter, destroy, disassemble, dismantle, or reassemble a stolen motor vehicle or stolen motor vehicle component part; (2) To alter, counterfeit, deface, forge, obliterate, or remove the motor vehicle identification number; or (3) In transportation, disposal, or sale of stolen motor vehicles or stolen motor vehicle component parts, is declared to be contraband and may be seized by a member of a state or local law enforcement agency and subject to forfeiture in accordance with this part. (c) When property is seized pursuant to this section, the seizing agency shall remove the property to a place designated by that agency for safe storage pending disposition. (d) No civil liability shall be attached to any law enforcement officer acting in good faith in regard to the seizure and forfeiture of motor vehicles, motor vehicle component parts, or tools, implements, or instrumentalities pursuant to this section. (e) For purposes of clarifying this section and consistent with the overall remedial purpose of asset forfeitures, property is subject to seizure and forfeiture upon the arrest of a person who owns, operates or conducts a chop shop, or transports any motor vehicle or motor vehicle component part to or from a chop shop, or sells, transfers, purchases or receives any motor vehicle or motor vehicle component part to or from a chop shop.

Legislative History

Acts 2000, ch. 941, § 1.