AGGRAVATED RECKLESS DRIVING
Under present law, a person commits the offense of aggravated reckless driving when a person (i) intentionally or knowingly impedes traffic upon a public street, highway, alley, parking lot, or driveway, or on the premises of a shopping center, trailer park, apartment house complex, or other premises accessible to motor vehicles that are generally frequented by the public at large; and (ii) commits reckless driving by performing any of the following:
(1) Driving a vehicle in willful or wanton disregard for the safety of persons or property;
(2) Driving a motorcycle with the front tire raised off the ground in willful and wanton disregard for the safety of persons or property on any public street, highway, alley, parking lot, or driveway, or on the premises of any shopping center, trailer park, apartment house complex, or any other premises that are generally frequented by the public at large. However, the offense of reckless driving for driving a motorcycle with the front tire raised off the ground is not applicable to persons riding in a parade, at a speed not to exceed 30 mph, if the person is 18 or older; or
(3) Knowingly ignoring a clearly visible and adequate flood warning or barricade, and driving into a road area that is actually flooded.
INCREASED PUNISHMENTS FOR SUBSEQUENT VIOLATIONS
Present law provides that the offense of aggravated reckless driving is a Class A misdemeanor, punishable by a maximum of 11 months, 29 days imprisonment; or a fine of $2,500, with the possibility of an additional $2,500 assessed against an offender, at the discretion of the court; or both.
This bill retains the classification and punishment as provided above for a first offense but provides that for a second or subsequent offense, such an offense is a Class E felony, punishable by no less than one year and no more than six years imprisonment, and up to a $3,000 fine, with an additional $2,500 assessed against an offender. In addition to any criminal penalty, the court must order a person convicted for a second or subsequent offense to complete a driver education course approved by the department of safety, and the person's driver license must be suspended for at least six months, but not more than one year.
This bill requires the motor vehicle used in the commission of a person's second or subsequent offense to be seized and forfeited in accordance with applicable state criminal procedure laws and forfeiture procedures generally, and crushed, destroyed, or sold. Under this bill, only POST-certified or state-commissioned law enforcement officers are authorized to seize such vehicles.
HEARING
In order to forfeit certain property or a person's interest in such property under present law, the state must prove, by a preponderance of the evidence, that such (i) seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture; and that (ii) the owner or co-owner of the property knew that the property was of a nature making its possession illegal or was being used in a manner making it subject to forfeiture; or, in the case of a secured party, that certain requirements regarding a secure party's interest are met. Present law requires findings to be conducted pursuant to a bona fide hearing and conducted in accordance with state law. This bill adds that such requirements of a hearing apply to cases where a person's motor vehicle is seized and forfeited pursuant to a violation of this bill.
PROPERTY DISPOSITION
Present law provides that proceeds from all seizures, confiscations, and sales made by a state agency for certain property subject to forfeiture under state law must be transmitted to the state treasurer and deposited in the state treasury. This bill adds that this provision also applies to cases where a person's motor vehicle is seized and forfeited pursuant to a violation of this bill.
RULES FOR FORFEITURE HEARINGS
Present law provides that any applicable agency authorized to conduct forfeiture hearings for certain property may promulgate rules. This bill adds that agencies are similarly authorized to promulgate rules regarding forfeiture hearings that take place pursuant to motor vehicles that are seized and forfeited for violations under this bill.

Statutes affected:
Introduced: 55-10-209(b), 55-10-209, 40-33-201, 40-33-210(a), 40-33-210, 40-33-211(a)(1), 40-33-211, 40-33-214