It is enacted by the General Assembly as follows
SECTION 1. Legislative purpose and findings:
WHEREAS, There has been an increase in the past few years of the number and frequency of high speed vehicular pursuits by police officers attempting to apprehend suspects; and
WHEREAS, These high speed vehicular pursuits endanger the lives and safety of the general public as well as the lives and safety of those involved in the pursuit; and
WHEREAS, These high speed vehicular pursuits often times cross over jurisdictional boundaries of different cities and towns in the state and sometimes cross state lines; and
WHEREAS, Unnecessary and unwarranted high speed chases by police can endanger the lives and safety of the general public.
It is the purpose and intent of this legislation to discourage and deter those persons who engage the police in such high speed vehicular pursuits by increasing the penalties including the forfeiture of the vehicle of those persons convicted of this offense; it is also the purpose and intent of this legislation to minimize the risks and dangers of these high speed vehicular pursuits by enacting minimum standards applicable to all police who participate in these high speed pursuits and to encourage the various state and municipal law enforcement agencies in the state to adopt a state-wide uniform policy which governs high speed vehicular pursuits.
SECTION 2. Section 31-27-4.1 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:
{DEL31-27-4.1. Eluding a law enforcement officer with a motor
vehicle. -- DEL} {ADD 31-27-4.1. Eluding a law enforcement officer with a
motor vehicle in a high speed pursuit. -- ADD} {DEL (a) For the purpose of
this title, "pursuit" means an active attempt by a law enforcement
officer, in a patrol vehicle, to apprehend one (1) or more occupants
of another moving vehicle, when the driver of the fleeing vehicle is
aware of the attempt to apprehend him or her and is resisting the
apprehension by maintaining or increasing his or her speed, or by
ignoring the law enforcement officer's attempt to stop him or her.
(b) DEL} Any person who in an attempt to elude or flee from a
{DEL traffic DEL} {ADD police ADD} officer {DEL or DEL} {ADD in an emergency ADD} police
vehicle in {DEL hot DEL} {ADD a high speed ADD} pursuit of the person, operates a
motor vehicle at speeds greater than fifteen (15) miles per hour over
the speed limit, {ADD or who causes property damage only in excess of one
thousand dollars ($1,000) ADD} for the first such conviction, {ADDmayADD} {DELshallDEL} be
{DEL fined DEL} {ADD subject to the following sanctions: up to one (1) year incarceration at the A.C.I.ADD} {DELbut not more than three (3) years DEL} a
{DEL minimum mandatory DEL} fine of five hundred dollars ($500) but not more
than one thousand dollars ($1,000){ADD , ADD} {DEL and DEL} a {DEL minimum
mandatory DEL} license suspension of not less than ninety (90) days {DEL and
may be imprisoned for not less than ten (10) days nor more than ninety
(90) days DEL} {ADD but not more than six (6) months and forfeiture of the
motor vehicle ADD} . For a second or subsequent conviction the person
shall {ADD be sentenced to two (2) years at the A.C.I., but not more than
five (5) years, shall ADD} be fined a {DEL minimum mandatory DEL} fine of two
thousand dollars ($2,000) but not more than five thousand dollars
($5,000) and {ADD receive ADD} a {DEL minimum mandatory DEL} license suspension of
not less than one (1) year {DEL and shall be imprisoned for not less than
ninety (90) days nor more than two (2) years DEL} {ADD but not more than
five (5) years and forfeiture of the motor vehicle ADD} .
SECTION 3. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is hereby amended by adding thereto the following sections:
{ADD 31-27-4.2. Minimal requirements. -- ADD} {ADD In any criminal action brought under 31-27-4.1 ot 31-27-4.2 wherein a high speed pursuit occurs, the following definitions and minimal requirements of the high speed pursuit shall apply and shall be complied with by the charging police department.
(A) Any police department charging a suspect under the provisions of this chapter shall limit the use of continued high speed vehicular pursuits to those situations which involve:
(1) the attempted apprehension of persons wanted for the commission of felonious and/or misdemeanor acts that threaten, have threatened, or will threaten the health, life, or safety of a person or persons; or
(2) the pursuit of a motor vehicle operator who has committed flagrant moving motor vehicle violations which have endangered the lives and safety of others, and was operating in a reckless manner before the pursuit was initiated, and is continuing to operate in a manner that recklessly endangers the lives and safety of others, including, but not limited to, driving under the influence of liquor or drugs.
(B) Definition: A high speed pursuit is the active attempt by a police officer in an authorized emergency vehicle to apprehend the occupants of a running motor vehicle at speeds in excess of fifteen miles per hour (15 MPH) over the speed limit.
(C) Responsibilities of pursuing officer(s): Upon initiation of a high speed pursuit the officer(s) shall:
(1) As soon as practical communicate to his/her dispatcher his/her location and direction of travel.
(2) Provide the reason for the high speed pursuit.
(3) Communicate the ongoing status of the pursuit at regular intervals including any significant change of circumstances which might affect the decision to either continue or discontinue the pursuit.
(4) Activate all audio (sirens) and visual (emergency lights) warning devices until the high speed pursuit is terminated.
(5) Adhere to all the provisions of sections 31-12-6 through 31-12-9.
(6) Terminate the high speed pursuit when in his/her judgment the dangers created by the pursuit outweigh the need for immediate apprehension.
(D) Responsibilities of the officer in charge and/or field supervisor: In all continued high speed pursuit situations, command responsibility rests with the officer in charge and/or the field supervisor. It shall be the duty of the officer in charge and/or the field supervisor to provide adequate supervision to the officer involved in the high speed pursuit and to:
(1) Track the location of the pursuit.
(2) Review and consider as many facts of the pursuit as are available.
(3) Consider the potential and real dangers of the continuation of the pursuit.
(4) Order the termination of the high speed pursuit when in his/her judgment the dangers created by the pursuit outweigh the need for immediate apprehension.
(E) Interjurisdictional pursuits: Whenever there exists the possibility of a high speed pursuit extending into another jurisdiction, the officer in charge shall order the surrounding jurisdictions to be notified of the high speed pursuit and of its potential for extending into their jurisdictions. If the high speed pursuit enters a jurisdiction different from the jurisdiction from which it began, then the high speed pursuit policy of the entered jurisdiction shall apply and control and the entered jurisdiction shall have the authority consistent with its policies to terminate the high speed pursuit. For purposes of this chapter, the state police shall have state-wide jurisdiction.
(F) Reports: Whenever a high speed pursuit occurs, each officer involved shall submit a written report to be kept on file of his/her participation in the pursuit and the factual reasons justifying the officer's participation in the pursuit.
The officer in charge shall also file a written report giving a complete account of the pursuit including his/her factual reason for continuing or terminating the pursuit.
(G) Each police department shall enact policies and procedures which are consistent with these minimum requirements and to provide copies of said policies to the attorney general's department.
(H) Nothing in this chapter shall be construed to create any additional civil liability upon individuals or their employers who engage in high speed pursuits. ADD}
{ADD 31-27-4.3. Forfeiture of motor vehicle. -- ADD} {ADD (a) Any motor vehicle including but not limited to cars, trucks, vessels, or motorcycles which has been or is being used in violation of section 31-27-4.1, may be seized and upon conviction forfeited; provided that no motor vehicle as enumerated above, used by any person shall be forfeited under the provisions of this chapter unless it shall appear that the owner of the vehicle had knowledge, actual or constructive, and was a consenting party to the alleged illegal act.
(b)(1) The motor vehicle taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure and whenever a motor vehicle is forfeited under this chapter it shall be retained and utilized by the law enforcement agency that seized the vehicle where the use of the vehicle is reasonably related to the law enforcement duties of the seizing agency. If the seized vehicle is inappropriate for use by law enforcement agency for reasons including but not limited to style, size, or color, the seizing agency shall be allowed to apply the proceeds of sale or the trade in value of the vehicle towards the purchase of an appropriate vehicle for use for activities reasonably related to law enforcement duties.
(2) As to the proceeds from the sale of the property as referred to above in subsection (b)(1), the distribution shall be as follows:
(A)(i) All proceeds of the forfeiture of the motor vehicle shall be distributed as follows: All costs of advertising administrative forfeitures and costs for any damage to any state or municipal vehicles which occurred as a result of the high speed pursuit shall first be deducted from the amount forfeited. Of the remainder, eighty percent (80%) of the proceeds shall be divided among the state and local law enforcement agencies proportionately based upon their contribution to the investigation of the criminal activity related to the asset being forfeited; and twenty percent (20%) of the proceeds shall be provided to the state victims' indemnity fund.
(B) Each state or local law enforcement agency shall be entitled to keep the proceeds from sales of forfeited vehicles. The funds shall be used for law enforcement purposes. The funds received by a state law enforcement agency shall be maintained in a separate account by the general treasurer. The funds received by a local law enforcement agency shall be maintained in a separate account by the local agency's city or town treasurer.
(c) Each law enforcement agency making any seizure(s) which result(s) in a forfeiture pursuant to this section shall certify and file with the state treasurer between January 1 and January 30 an annual report detailing the vehicle or money forfeited during the previous calendar year and the use or disposition of the property or money. The report shall be made in such form and manner as may be provided or specified by the treasurer and the aforementioned annual law enforcement agency reports shall be provided to the local governmental body governing the agency and to the house and senate judiciary committees.
(d) Any law enforcement agency whose duty it is to enforce the laws of this state is empowered to authorize designated officers or agents to carry out the seizure provisions of this chapter. It shall be the duty of any officer or agent so authorized or designated or authorized by law, upon or by means of which any violation of this chapter has taken place or is taking place, to seize such vehicle and to place it in the custody of such person as may be authorized or designated for that purpose by the respective law enforcement agency pursuant to those provisions. ADD}
{ADD 31-27-4.4. Motor vehicle forfeiture procedure. -- ADD} {ADD (a) Any criminal complaint, information, or indictment charging a violation of section 31-27-4.1, shall set forth with reasonable particularity the motor vehicle that the attorney general seeks to forfeit pursuant to this section.
(b) The court may, upon application of the attorney general, enter a restraining order or injunction, require any person claiming any interest in the subject vehicle to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of the vehicle subject to forfeiture described in section 31-27-4.3 of this chapter, whether prior or subsequent to the filing of a complaint, indictment, or information.
Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the vehicle, the hearing however, to be limited to the issues of whether:
(1) There is a substantial probability that the state will prevail on the issue of forfeiture and that failure to enter the order will result in the vehicle being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, depreciated in value or otherwise made unavailable for forfeiture; and
(2) The need to preserve the availability of the vehicle through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.
(c) A temporary restraining order under this section may be entered upon application of the attorney general without notice or opportunity for a hearing when a complaint, information, or indictment has not yet been filed with respect to the vehicle if the attorney general demonstrates that there is probable cause to believe that the vehicle with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under section 31-27-4.3 and that provision of notice will jeopardize the availability of the vehicle for forfeiture. The temporary restraining order shall expire within ten (10) days of the date on which it is entered unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.
(1) A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.
(2) The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.
(d) Upon conviction of a person for the covered offense the court may enter a judgment of forfeiture of the vehicle described in 31-27-4.1 of this chapter to the state and may also authorize the attorney general to seize the motor vehicle ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the vehicle forfeited, the court may, upon application of the attorney general, enter such appropriate restraining orders or injunctions; require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees; or take any other action to protect the interest of the state in the property ordered forfeited.
(e) All right, title, and interest in the vehicle described in 31-27-4.1 vests in the state upon the commission of the act giving rise to forfeiture under this chapter. Any such vehicle that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the state, unless the transferee establishes in a hearing pursuant to subsection (f) below that he or she is a bona fide purchaser for value of the vehicle who at the time of purchase was reasonably without cause to believe that the vehicle was subject for forfeiture.
(f) Procedures subsequent to the special verdict of forfeiture shall be as follows:
(1) Following the entry of an order of forfeiture under this section, the state shall publish notice of the order and of its intent to dispose of the vehicle once per week for at least three (3) weeks in such manner as the attorney general may provide by regulation. The attorney general shall also, to the extent practicable, provide written notice to all parties known to have an interest in the vehicle and all parties whose identity is reasonably subject to discovery and who may have an interest in the forfeited vehicle.
(2) Any person, other than the defendant, asserting any interest in the vehicle that has been ordered forfeited to the state pursuant to this section may, within one hundred eighty (180) days of the final publication of notice or his or her receipt of notice under subsection(f)(1), whichever is earlier, petition the court for a hearing to adjudicate the validity of his or her alleged interest in the vehicle.
(3) The petition shall be signed by the petitioner under penalty of perjury and shall set forth the nature and extent of the petitioner's right, title, or interest in the vehicle; and additional facts supporting the petitioner's claim; and the relief sought.
(4) The hearing on the petition shall, to the extent practicable and consistent with the interest of justice, be held within thirty (30) days of the filing of the petition. The court may consolidate the hearing on the petition with a hearing on any other petition filed by a person other than the defendant and concerning the same vehicle.
(5) At a hearing, the petitioner may testify and present evidence and witnesses on his own behalf, and cross-examine witnesses who appear at the hearing. The state may present evidence and witnesses in rebuttal and in defense of its claim to the vehicle and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence presented at the hearing, the court shall consider the relevant portions of the record of the criminal case that resulted in the order of forfeiture.
(6) In accordance with its findings at the hearing, the court shall amend the order of forfeiture if it determines that the petitioner has established by a preponderance of the evidence that :
(A) The petitioner has a right, title, or interest in the vehicle, and the right, title or interest was vested in the petitioner rather than the defendant or was superior to any right, title, or interest of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the vehicle under this section; or
(B) The petitioner is a bona fide purchaser for value of any right, title or interest in the vehicle and was at the time of purchase reasonably without cause to believe that the property was subject to forfeiture under this section.
(7) Following the court's disposition of all petitions filed under this section, or if no such petitions are filed, following the expiration of the period provided in section 31-27-4.4 for the filing of the petitions, the state shall have clear title to the vehicle that is the subject of the order of forfeiture and shall transfer good and sufficient title to any subsequent purchaser, transferee, or fund as provided in this chapter.
(8) Except as provided herein, no party claiming an interest in the vehicle subject to forfeiture under this section may:
(A) Intervene in a trial or appeal of a criminal case involving the forfeiture of such property; or
(B) Commence any action against the state concerning the validity of the alleged interest.
(g) In order to facilitate the identification or location of the vehicle declared forfeited and to facilitate the disposition of petitions filed pursuant to section 31-27-4.4 after the entry of an order declaring a vehicle forfeited to the state, the court may, upon application of the attorney general, order that the testimony of any witness relating to the vehicle forfeited be taken by deposition and that any designated book, paper, document, record, recording (electronic or otherwise), or other material not privileged, be produced at the same time and place, in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.
(h) If the vehicle described in section 31-27-4.1:
(1) Cannot be located;
(2) Has been transferred to, sold to or deposited with a third party;
(3) Has been placed beyond the jurisdiction of the court;
(4) Has been substantially diminished in value by any act or omission of the defendant;
The court shall order the forfeiture of any other property of the defendant up to the value of the subject property.
(i) The court shall have jurisdiction to enter orders as provided in this section without regard to the location of any property that may be subject to forfeiture under this section or that has been ordered forfeited under this section. ADD}
{ADD 31-27-4.5. Educational requirement. -- ADD} {ADD The provisions of this chapter shall be taught in all driver training courses given within the state. ADD}
SECTION 4. This act shall take effect upon passage.
