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(1) Upon the arrest of a person or upon the
filing of a complaint, citation, or information in a
court of competent jurisdiction, based upon probable
cause to believe that a person has violated
RCW 46.61.502 or
46.61.504 or any
similar municipal ordinance, if such person has a
prior offense within seven years as defined in
RCW 46.61.5055, and
where the person has been provided written notice
that any transfer, sale, or encumbrance of such
person's interest in the vehicle over which that
person was actually driving or had physical control
when the violation occurred, is unlawful pending
either acquittal, dismissal, sixty days after
conviction, or other termination of the charge, such
person shall be prohibited from encumbering,
selling, or transferring his or her interest in such
vehicle, except as otherwise provided in (a), (b),
and (c) of this subsection, until either acquittal,
dismissal, sixty days after conviction, or other
termination of the charge. The prohibition against
transfer of title shall not be stayed pending the
determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide
security interest may be transferred to the secured
party or to a person designated by the secured
party;
(b) A leased or rented vehicle may be
transferred to the lessor, rental agency, or to a
person designated by the lessor or rental agency;
and
(c) A vehicle may be transferred to a third
party or a vehicle dealer who is a bona fide
purchaser or may be subject to a bona fide security
interest in the vehicle unless it is established
that (i) in the case of a purchase by a third party
or vehicle dealer, such party or dealer had actual
notice that the vehicle was subject to the
prohibition prior to the purchase, or (ii) in the
case of a security interest, the holder of the
security interest had actual notice that the vehicle
was subject to the prohibition prior to the
encumbrance of title.
(2) On conviction for a violation of either
RCW 46.61.502 or
46.61.504 or any
similar municipal ordinance where the person
convicted has a prior offense within seven years as
defined in
RCW 46.61.5055, the
motor vehicle the person was driving or over which
the person had actual physical control at the time
of the offense, if the person has a financial
interest in the vehicle, is subject to seizure and
forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this
chapter may be seized by a law enforcement officer
of this state upon process issued by a court of
competent jurisdiction. Seizure of a vehicle may be
made without process if the vehicle subject to
seizure has been the subject of a prior judgment in
favor of the state in a forfeiture proceeding based
upon this section.
(4) Seizure under subsection (3) of this
section automatically commences proceedings for
forfeiture. The law enforcement agency under whose
authority the seizure was made shall cause notice of
the seizure and intended forfeiture of the seized
vehicle to be served within fifteen days after the
seizure on the owner of the vehicle seized, on the
person in charge of the vehicle, and on any person
having a known right or interest in the vehicle,
including a community property interest. The notice
of seizure may be served by any method authorized by
law or court rule, including but not limited to
service by certified mail with return receipt
requested. Service by mail is complete upon mailing
within the fifteen-day period after the seizure.
Notice of seizure in the case of property subject to
a security interest that has been perfected on a
certificate of title shall be made by service upon
the secured party or the secured party's assignee at
the address shown on the financing statement or the
certificate of title.
(5) If no person notifies the seizing law
enforcement agency in writing of the person's claim
of ownership or right to possession of the seized
vehicle within forty-five days of the seizure, the
vehicle is deemed forfeited.
(6) If a person notifies the seizing law
enforcement agency in writing of the person's claim
of ownership or right to possession of the seized
vehicle within forty-five days of the seizure, the
law enforcement agency shall give the person or
persons a reasonable opportunity to be heard as to
the claim or right. The hearing shall be before the
chief law enforcement officer of the seizing agency
or the chief law enforcement officer's designee,
except where the seizing agency is a state agency as
defined in RCW 34.12.020, the hearing shall be
before the chief law enforcement officer of the
seizing agency or an administrative law judge
appointed under chapter 34.12 RCW, except that any
person asserting a claim or right may remove the
matter to a court of competent jurisdiction. Removal
may only be accomplished according to the rules of
civil procedure. The person seeking removal of the
matter must serve process against the state, county,
political subdivision, or municipality that operates
the seizing agency, and any other party of interest,
in accordance with RCW 4.28.080 or 4.92.020, within
forty-five days after the person seeking removal has
notified the seizing law enforcement agency of the
person's claim of ownership or right to possession.
The court to which the matter is to be removed shall
be the district court when the aggregate value of
the vehicle is within the jurisdictional limit set
forth in RCW 3.66.020. A hearing before the seizing
agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more
claimants to the vehicle involved, the prevailing
party shall be entitled to a judgment for costs and
reasonable attorneys' fees. The burden of producing
evidence shall be upon the person claiming to be the
legal owner or the person claiming to have the
lawful right to possession of the vehicle. The
seizing law enforcement agency shall promptly return
the vehicle to the claimant upon a determination by
the administrative law judge or court that the
claimant is the present legal owner under Title 46
RCW or is lawfully entitled to possession of the
vehicle.
(7) When a vehicle is forfeited under this
chapter the seizing law enforcement agency may sell
the vehicle, retain it for official use, or upon
application by a law enforcement agency of this
state release the vehicle to that agency for the
exclusive use of enforcing this title; provided,
however, that the agency shall first satisfy any
bona fide security interest to which the vehicle is
subject under subsection (1)(a) or (c) of this
section.
(8) When a vehicle is forfeited, the seizing
agency shall keep a record indicating the identity
of the prior owner, if known, a description of the
vehicle, the disposition of the vehicle, the value
of the vehicle at the time of seizure, and the
amount of proceeds realized from disposition of the
vehicle.
(9) Each seizing agency shall retain records of
forfeited vehicles for at least seven years.
(10) Each seizing agency shall file a report
including a copy of the records of forfeited
vehicles with the state treasurer each calendar
quarter.
(11) The quarterly report need not include a
record of a forfeited vehicle that is still being
held for use as evidence during the investigation or
prosecution of a case or during the appeal from a
conviction.
(12) By January 31st of each year, each seizing
agency shall remit to the state treasurer an amount
equal to ten percent of the net proceeds of vehicles
forfeited during the preceding calendar year. Money
remitted shall be deposited in the public safety and
education account.
(13) The net proceeds of a forfeited vehicle is
the value of the forfeitable interest in the vehicle
after deducting the cost of satisfying a bona fide
security interest to which the vehicle is subject at
the time of seizure; and in the case of a sold
vehicle, after deducting the cost of sale, including
reasonable fees or commissions paid to independent
selling agents.
(14) The value of a sold forfeited vehicle is
the sale price. The value of a retained forfeited
vehicle is the fair market value of the vehicle at
the time of seizure, determined when possible by
reference to an applicable commonly used index, such
as the index used by the department of licensing. A
seizing agency may, but need not, use an independent
qualified appraiser to determine the value of
retained vehicles. If an appraiser is used, the
value of the vehicle appraised is net of the cost of
the appraisal. |
