House Bill No. 789, introduced by Representative Galle, amends existing laws regarding the seizure and forfeiture of off-road vehicles in Louisiana. The bill modifies R.S. 14:99.2(B)(2) to include additional actions that constitute reckless operation of an off-road vehicle and introduces new sections R.S. 14:99.3 and R.S. 14:99.4. These new provisions allow law enforcement agencies to seize off-road vehicles suspected of being used in violation of reckless operation laws, with or without a warrant, based on probable cause. The bill also establishes a process for the forfeiture of these vehicles, requiring law enforcement to apply for a warrant within 72 hours of seizure and to notify the district attorney within ten days.

Additionally, the bill repeals R.S. 14:99.2(E)(4), which previously required a written motion for the seizure and destruction of off-road vehicles. It outlines the judicial process for the forfeiture of seized vehicles, including the allocation of proceeds from their sale. Proceeds will be distributed to the law enforcement agency involved, the criminal court fund, and the prosecuting agency, with specific percentages allocated to each. The bill also allows the attorney general to prosecute forfeiture cases when acting as the district attorney, ensuring that any proceeds from such actions are directed to the attorney general's office.

Statutes affected:
HB789 Original: 14:2(B)(2), 14:2(E)(4)
HB789 Engrossed: 14:2(B)(2), 14:2(E)(4)