Forfeiture of motor vehicles, power to enact ordinances,requirements, procedure.
82.1000. 1. In addition to forfeiture proceedings pursuant tosections 513.600 to 513.645, RSMo, the governing body of any constitutionalcharter city having a population of more than one hundred thousandinhabitants and located within a county of the first classification thatadjoins no other county of the first classification may enact ordinanceswhich would subject to forfeiture any motor vehicle operated by a personwith one or more prior convictions for an intoxication-related trafficoffense, as defined in section 577.023, RSMo, who is prohibited fromobtaining a license to operate a motor vehicle by the director of revenuepursuant to subdivision (9) or (10) of section 302.060, RSMo, or who hasthe person's license to operate a motor vehicle suspended or revoked, as aresult of a finding or a plea of guilty to:
(1) Any intoxication-related traffic offense as defined in section577.023, RSMo; or
(2) Involuntary manslaughter as a result of operating a motor vehiclewhile in an intoxicated condition as defined in section 565.024, RSMo.
Such forfeiture pursuant to this subsection shall only be allowed if suchperson operates a motor vehicle while the person's license to operate amotor vehicle is under such a suspension or revocation.
2. The ordinance allowing forfeitures pursuant to this section mayalso provide for the impoundment and forfeiture of a motor vehicle operatedby any person who is classified as a prior offender or persistent offenderpursuant to section 577.023, RSMo, after the effective date of suchordinance, except that a judgment of forfeiture may only be rendered ifthere is a conviction of an intoxication-related traffic offense whichcauses the owner of the motor vehicle to be classified as a prior orpersistent offender.
3. The ordinance allowing the forfeitures pursuant to this sectionmay also provide for the impoundment and forfeiture of a motor vehicleoperated by any person who has previously been convicted of two or moreintoxication-related traffic offenses, as defined in section 577.023, RSMo,and who thereafter, pursuant to a chemical test conducted in accordancewith sections 577.020 to 577.041, RSMo, is determined upon probable causeto have been driving a motor vehicle with a blood-alcohol concentrationequal to or greater than the blood-alcohol percentage concentrationspecified in subsection 1 of section 302.520, RSMo, or any such person who,pursuant to section 577.041, RSMo, has been requested to submit to achemical test as described pursuant to that section, and refused to submitto such test.
4. All forfeiture proceedings pursuant to this section shall beconducted in accordance with sections 513.600 to 513.645, RSMo, except theforfeiture proceeding shall be brought by the city attorney for the citywhich enacted such ordinances.
5. The ordinance shall also provide that any person claiming anownership interest in the motor vehicle subject to forfeiture shall haveall the defenses to the forfeiture proceeding available to them which theymay be entitled to raise pursuant to sections 513.600 to 513.645, RSMo.The ordinance shall further provide that, in the event the title documentsregistered with the department of revenue for the motor vehicle subject toforfeiture, at the time of the action giving rise to the forfeitureproceeding, list persons as owners or co-owners of the vehicle in additionto or other than the operator, and the nonoperator owner of the motorvehicle has not previously been the operator or the owner of, a motorvehicle which has been the subject of a forfeiture proceeding authorized bythis section, the motor vehicle shall be returned to the nonoperatorregistered owner and all costs associated with the seizure, towing, storageand impoundment of the vehicle, and the payment of all court costs andreasonable attorney fees associated with the forfeiture proceeding shall bepaid by the owners or the operator of the vehicle. To be entitled toreturn of the vehicle all owners shall execute a written agreement with themunicipality stipulating and consenting to the seizure and forfeiture ofthe motor vehicle in the event such motor vehicle is subsequently operatedby the same operator under circumstances which would allow the municipalityto seek forfeiture of such vehicle pursuant to an ordinance authorized bythis section.
(2004) Section authorizing city to enact forfeiture ordinance does not supercede defenses allowed under Criminal Activity Forfeiture Act; a felony conviction is therefore required before a motor vehicle can be forfeited to the government. City of Springfield v. Gee, 149 S.W.3d 609 (Mo.App.S.D.).
Forfeiture of motor vehicles, power to enact ordinances,requirements, procedure.
82.1000. 1. In addition to forfeiture proceedings pursuant tosections 513.600 to 513.645, RSMo, the governing body of any constitutionalcharter city having a population of more than one hundred thousandinhabitants and located within a county of the first classification thatadjoins no other county of the first classification may enact ordinanceswhich would subject to forfeiture any motor vehicle operated by a personwith one or more prior convictions for an intoxication-related trafficoffense, as defined in section 577.023, RSMo, who is prohibited fromobtaining a license to operate a motor vehicle by the director of revenuepursuant to subdivision (9) or (10) of section 302.060, RSMo, or who hasthe person's license to operate a motor vehicle suspended or revoked, as aresult of a finding or a plea of guilty to:
(1) Any intoxication-related traffic offense as defined in section577.023, RSMo; or
(2) Involuntary manslaughter as a result of operating a motor vehiclewhile in an intoxicated condition as defined in section 565.024, RSMo.
Such forfeiture pursuant to this subsection shall only be allowed if suchperson operates a motor vehicle while the person's license to operate amotor vehicle is under such a suspension or revocation.
2. The ordinance allowing forfeitures pursuant to this section mayalso provide for the impoundment and forfeiture of a motor vehicle operatedby any person who is classified as a prior offender or persistent offenderpursuant to section 577.023, RSMo, after the effective date of suchordinance, except that a judgment of forfeiture may only be rendered ifthere is a conviction of an intoxication-related traffic offense whichcauses the owner of the motor vehicle to be classified as a prior orpersistent offender.
3. The ordinance allowing the forfeitures pursuant to this sectionmay also provide for the impoundment and forfeiture of a motor vehicleoperated by any person who has previously been convicted of two or moreintoxication-related traffic offenses, as defined in section 577.023, RSMo,and who thereafter, pursuant to a chemical test conducted in accordancewith sections 577.020 to 577.041, RSMo, is determined upon probable causeto have been driving a motor vehicle with a blood-alcohol concentrationequal to or greater than the blood-alcohol percentage concentrationspecified in subsection 1 of section 302.520, RSMo, or any such person who,pursuant to section 577.041, RSMo, has been requested to submit to achemical test as described pursuant to that section, and refused to submitto such test.
4. All forfeiture proceedings pursuant to this section shall beconducted in accordance with sections 513.600 to 513.645, RSMo, except theforfeiture proceeding shall be brought by the city attorney for the citywhich enacted such ordinances.
5. The ordinance shall also provide that any person claiming anownership interest in the motor vehicle subject to forfeiture shall haveall the defenses to the forfeiture proceeding available to them which theymay be entitled to raise pursuant to sections 513.600 to 513.645, RSMo.The ordinance shall further provide that, in the event the title documentsregistered with the department of revenue for the motor vehicle subject toforfeiture, at the time of the action giving rise to the forfeitureproceeding, list persons as owners or co-owners of the vehicle in additionto or other than the operator, and the nonoperator owner of the motorvehicle has not previously been the operator or the owner of, a motorvehicle which has been the subject of a forfeiture proceeding authorized bythis section, the motor vehicle shall be returned to the nonoperatorregistered owner and all costs associated with the seizure, towing, storageand impoundment of the vehicle, and the payment of all court costs andreasonable attorney fees associated with the forfeiture proceeding shall bepaid by the owners or the operator of the vehicle. To be entitled toreturn of the vehicle all owners shall execute a written agreement with themunicipality stipulating and consenting to the seizure and forfeiture ofthe motor vehicle in the event such motor vehicle is subsequently operatedby the same operator under circumstances which would allow the municipalityto seek forfeiture of such vehicle pursuant to an ordinance authorized bythis section.
(2004) Section authorizing city to enact forfeiture ordinance does not supercede defenses allowed under Criminal Activity Forfeiture Act; a felony conviction is therefore required before a motor vehicle can be forfeited to the government. City of Springfield v. Gee, 149 S.W.3d 609 (Mo.App.S.D.).
Forfeiture of motor vehicles, power to enact ordinances,requirements, procedure.
82.1000. 1. In addition to forfeiture proceedings pursuant tosections 513.600 to 513.645, RSMo, the governing body of any constitutionalcharter city having a population of more than one hundred thousandinhabitants and located within a county of the first classification thatadjoins no other county of the first classification may enact ordinanceswhich would subject to forfeiture any motor vehicle operated by a personwith one or more prior convictions for an intoxication-related trafficoffense, as defined in section 577.023, RSMo, who is prohibited fromobtaining a license to operate a motor vehicle by the director of revenuepursuant to subdivision (9) or (10) of section 302.060, RSMo, or who hasthe person's license to operate a motor vehicle suspended or revoked, as aresult of a finding or a plea of guilty to:
(1) Any intoxication-related traffic offense as defined in section577.023, RSMo; or
(2) Involuntary manslaughter as a result of operating a motor vehiclewhile in an intoxicated condition as defined in section 565.024, RSMo.
Such forfeiture pursuant to this subsection shall only be allowed if suchperson operates a motor vehicle while the person's license to operate amotor vehicle is under such a suspension or revocation.
2. The ordinance allowing forfeitures pursuant to this section mayalso provide for the impoundment and forfeiture of a motor vehicle operatedby any person who is classified as a prior offender or persistent offenderpursuant to section 577.023, RSMo, after the effective date of suchordinance, except that a judgment of forfeiture may only be rendered ifthere is a conviction of an intoxication-related traffic offense whichcauses the owner of the motor vehicle to be classified as a prior orpersistent offender.
3. The ordinance allowing the forfeitures pursuant to this sectionmay also provide for the impoundment and forfeiture of a motor vehicleoperated by any person who has previously been convicted of two or moreintoxication-related traffic offenses, as defined in section 577.023, RSMo,and who thereafter, pursuant to a chemical test conducted in accordancewith sections 577.020 to 577.041, RSMo, is determined upon probable causeto have been driving a motor vehicle with a blood-alcohol concentrationequal to or greater than the blood-alcohol percentage concentrationspecified in subsection 1 of section 302.520, RSMo, or any such person who,pursuant to section 577.041, RSMo, has been requested to submit to achemical test as described pursuant to that section, and refused to submitto such test.
4. All forfeiture proceedings pursuant to this section shall beconducted in accordance with sections 513.600 to 513.645, RSMo, except theforfeiture proceeding shall be brought by the city attorney for the citywhich enacted such ordinances.
5. The ordinance shall also provide that any person claiming anownership interest in the motor vehicle subject to forfeiture shall haveall the defenses to the forfeiture proceeding available to them which theymay be entitled to raise pursuant to sections 513.600 to 513.645, RSMo.The ordinance shall further provide that, in the event the title documentsregistered with the department of revenue for the motor vehicle subject toforfeiture, at the time of the action giving rise to the forfeitureproceeding, list persons as owners or co-owners of the vehicle in additionto or other than the operator, and the nonoperator owner of the motorvehicle has not previously been the operator or the owner of, a motorvehicle which has been the subject of a forfeiture proceeding authorized bythis section, the motor vehicle shall be returned to the nonoperatorregistered owner and all costs associated with the seizure, towing, storageand impoundment of the vehicle, and the payment of all court costs andreasonable attorney fees associated with the forfeiture proceeding shall bepaid by the owners or the operator of the vehicle. To be entitled toreturn of the vehicle all owners shall execute a written agreement with themunicipality stipulating and consenting to the seizure and forfeiture ofthe motor vehicle in the event such motor vehicle is subsequently operatedby the same operator under circumstances which would allow the municipalityto seek forfeiture of such vehicle pursuant to an ordinance authorized bythis section.
(2004) Section authorizing city to enact forfeiture ordinance does not supercede defenses allowed under Criminal Activity Forfeiture Act; a felony conviction is therefore required before a motor vehicle can be forfeited to the government. City of Springfield v. Gee, 149 S.W.3d 609 (Mo.App.S.D.).
