The bill amends several sections of the General Laws related to motor vehicle offenses, specifically addressing the crime of eluding law enforcement during a high-speed pursuit. It removes the forfeiture of the motor vehicle as a penalty for a first offense and stipulates that forfeiture of a vehicle for a violation of eluding law enforcement can only occur after a conviction for that offense.
The bill introduces new procedures for the forfeiture process, requiring that any vehicle seized under these provisions may only be forfeited following a conviction and pursuant to a court order. It specifies that after a conviction for eluding law enforcement, the attorney general may identify the motor vehicle sought for forfeiture in a criminal complaint, information, or indictment.
Additionally, the bill allows the court, upon application by the attorney general, to enter restraining orders or injunctions related to the forfeiture. It establishes that there must be a substantial probability that the state will prevail on the issue of forfeiture after a conviction and pursuant to a court order.
Overall, the legislation aims to clarify the legal framework surrounding high-speed pursuits and vehicle forfeiture, ensuring that due process is followed in the forfeiture proceedings.