Motor Vehicle Forfeiture Changes (S 2943)

We supported legislation which would both repeal the forfeiture provision for a first offense of eluding law enforcement in a high-speed pursuit and would require that a forfeiture of a motor vehicle for a second or subsequent offense be allowed only after conviction.

Permitting forfeiture of a vehicle allowing a first offense is an overly harsh penalty. Civil forfeiture is a drastic measure that acts to deprive individuals of access to their property, and in this instance a very important and potentially expensive piece of property. Equally as important, this legislation also only permits forfeiture after conviction of the second or subsequent offense. This is an important change because it prevents individuals from losing access to their motor vehicle without being formally found guilty of the offense and based only on allegations.