Thread: New state law seizing vehicles from illegals

Maybe everyone could send this new law outline in Georgia to all their state reps. in their states.



RE: seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident



House Bill 978
By: Representative Mills of the 25th


A BILL TO BE ENTITLED
AN ACT



To amend Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, so as to allow law enforcement officers to seize the vehicles of drivers who are not in the country legally and are involved in a traffic accident; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:


SECTION 1.
Article 12 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to the uniform rules of the road for motor vehicles, is amended by adding a new Code section to read as follows:
"40-6-279.
(a) Except as otherwise provided in this Code section, any motor vehicle that is involved in an accident while being operated by a person who is not legally in this country is declared to be contraband and subject to forfeiture to the state, as provided in this Code section, provided that said forfeiture shall not be absolute unless the defendant is finally convicted of the offense charged at the time of the accident.
(b) Any motor vehicle subject to forfeiture under subsection (a) of this Code section shall be seized immediately upon discovery by any law enforcement officer, peace officer, or law enforcement agency of this state or any political subdivision thereof who has the power to make arrests and whose duty it is to enforce this article, that said motor vehicle has been declared contraband under the provisions of subsection (a) of this Code section. Said motor vehicle shall be delivered within 20 days to the district attorney whose circuit includes the county in which a seizure is made or to his or her duly authorized agent. At any time subsequent to the seizure, the chief officer of the seizing agency, his or her designee, or the district attorney may release the vehicle upon bond being posted in like manner as authorized in subsection (e) of this Code section.
(c) Within 60 days from the date of the seizure, the district attorney of the judicial circuit, or the director on his or her behalf, shall cause to be filed in the superior court of the county in which the motor vehicle is seized or detained an action for condemnation of such motor vehicle. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the motor vehicle was seized, and the action shall be verified by a duly authorized agent of the state in a manner required by the law of this state. The action shall describe the motor vehicle and state its location, present custodian, and the name of the owner, if known, to the duly authorized agent of the state; allege the essential elements of the violation which is claimed to exist; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such an action, the court shall promptly cause process to issue to the present custodian in possession of the motor vehicle described in the action, commanding such custodian to seize the motor vehicle in the action and to hold that motor vehicle for further order of the court. The owner, lessee, or any person having a duly recorded security interest in or lien on such motor vehicle shall be notified by any means of service provided for in Title 9 or by delivery of a copy of the complaint and summons by certified mail or statutory overnight delivery to said owner or lienholder or a person of suitable age or discretion having charge of said owner´s premises. For purposes of this subsection, where forfeiture of a motor vehicle titled or registered in Georgia is sought, notice to the titleholder shall be deemed adequate if a copy of the complaint and summons is mailed by certified mail or statutory overnight delivery to the titleholder at the address set out in the title and an additional copy is mailed by certified mail or statutory overnight delivery to the firm, person, or corporation which holds the current registration for said motor vehicle, who shall be deemed agent for service for said titleholder, and said complaint is advertised once a week for two weeks as set out in this subsection. If the owner, lessee, or person having a duly recorded security interest in or lien on the contraband motor vehicle is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself so as to avoid notice, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff´s advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and any sale of the motor vehicle resulting therefrom, but shall not constitute notice to any person having a duly recorded security interest in or lien upon such motor vehicle and required to be served under this Code section unless that person is unknown or resides out of the state or departs the state or cannot after due diligence be found within the state or conceals himself or herself to avoid notice.
(d)(1) Any party at interest may appear, by answer under oath, and file an intervention or defense within 30 days from the date of service on the condemnee of the action for condemnation. The owner, lessee, security interest holder, or lienholder shall be permitted to defend by showing that the motor vehicle seized was not subject to forfeiture under this Code section.
(2) A rented or leased vehicle shall not be subject to forfeiture unless it is established in the forfeiture proceedings that the owner of the rented or leased vehicle knew or should have known of or consented to the operation of such motor vehicle in a manner which would subject the vehicle to forfeiture. Upon learning of the address or phone number of the rental or leasing company which owns such vehicle, the district attorney shall immediately contact the company to inform it that the vehicle is available for the company to take possession.
(e) The court to which any such petition for condemnation may be referred may, in its discretion, allow any party at interest, after making said defense under subsection (d) of this Code section, to give bond and take possession of the motor vehicle seized. Such motor vehicle shall not be sold or leased without prior approval of the court. In the event the court approves such sale or lease, the proceeds arising therefrom shall be deposited in the registry of the court, pending final adjudication of the forfeiture proceeding. The court shall determine whether the bond shall be a forthcoming bond or an eventual condemnation money bond and shall also determine the amount of the bond. The enforcement of any bond so given shall be regulated by the general law applicable to such cases.
(f) If no defense or intervention is filed within 30 days from the date of service on the condemnee of the petition, judgment shall be entered by the court and the motor vehicle shall be sold. The court may direct that such property be sold by:
(1) Judicial sale as provided in Article 7 of Chapter 13 of Title 9; provided, however, that the court may establish a minimum acceptable price for such property; or
(2) Any commercially feasible means.
(g) The proceeds arising from such sale shall be deposited into the general treasury of the state or any other governmental unit whose law enforcement agency it was that originally seized the motor vehicle. Before the proceeds are deposited, the following claims shall be satisfied:
(1) Any costs incurred in the seizure;
(2) The costs of the court and its officers; and
(3) Any costs incurred in the storage, advertisement, maintenance, or care of the motor vehicle.
(h) The interest of an owner, lessee, security interest holder, or lienholder shall not be subject to forfeiture unless the condemnor shows by a preponderance of evidence that such person knew or reasonably should have known that the operator was illegally in this country. It is not a defense to the forfeiture proceeding that the owner, lessee, security interest holder, or lienholder failed to inquire as to the legal status of the operator of the motor vehicle.
(i) In any case where a vehicle which is the only family vehicle is determined to be subject to forfeiture, the court may, if it determines that the financial hardship to the family as a result of the forfeiture and sale outweighs the benefit to the state from such forfeiture, order the title to the vehicle transferred to such other family member who is a duly licensed operator and who requires the use of such vehicle for employment or family transportation purposes. Such transfer shall be subject to any valid liens and shall be granted only once."


SECTION 2.
This Act shall become effective on July 1, 2008.


SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.

There is a federal law and when I dig it up I will post it that allows if pushed to the fullest extent allows ice to sell at public auction any vehicle or equitment being used by illegals during raids and other enforcements.If anyone knows abouit this also-refresh me on name,etc-When I did research on immigration laws and violations,I could not believe the punishmnets and ways to enforce laws.For example,an employer knowing(form of E-very ON BOOKS SINCE 1996 SO NO EXCUSE) that 5 or more employee are using or giving false social security numbers is subject to 250,000 dollars fine and 10-15 years in prison -any enforcement of this law alone would make employers raise wages and find legal workers.

The Bill

http://www.legis.ga.gov/legis/2007_08/v ... 98_a_2.htm

PDF version
http://www.legis.ga.gov/legis/2007_08/pdf/hb978.pdf

I guess that old excuse "I didn't know" won't wash anymore for the idiots who dish out vehicle loans to persons without SSN's! Wonder how many Escalades and Excursions will be seized, sold, and the proceeds kept by the state of Georgia before the idiots catch on and put the brakes to illegal alien-no doc lending?

WAY TO GO GEORGIA!!!!!

I LOVE IT!

Found this while I was looking for the status on HB978!!

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House Bill 971
By: Representatives Bridges of the 10th, Day of the 163rd, Talton of the 145th, Ralston of the 7th, and Everson of the 106th
A BILL TO BE ENTITLED
AN ACT

To amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers´ licenses, so as to provide that a driver´s license issued by another state to an alien illegally present in the United States shall not be recognized as valid in the State of Georgia; to provide a definition; to provide that an illegal alien who displays a driver´s license issued by another state to a law enforcement officer as authorization to drive a motor vehicle in this state shall commit a misdemeanor offense; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

HERE IS THE FULL BILL!!
http://www.legis.ga.gov/legis/2007_08/f ... /hb971.htm

I have a joke I made up a few years ago-""How do you know when a illegal alien has just come to north carolina in the last month""?ANSWER-''They are not driving are not driving a new van,huge truck or suv yet'I grew up in the late 70s and 80s and saw what kind of cars and trucks people doing low wage jobs drive-junky old ones!If what the media says is true ,you would see thousands of junk bombs on the road -I hardly ever see people who speak little english driving older or beat up car-I have a 1993 with broke handle and william use to drive 90s mustang with busted window -HOW DO YOU BUY THESECARS AND TRUCKS? M y freind works for auto zone and cannot believe the cars they are driving and the expensive extrsa they get.

Stand by for a lot of whinning

I actually tried to start a campaign to get this info out to city and state law enforcement about a year ago ,

DUI checks are legal , you catch an illegal , you impound their vehicle

Its a pretty simple deal , In fact there are a couple cities in Calif
that already do it

Why has this not been done all along??? It should be common pratice anytime an illegal is pulled over without a drivers license. They should be given citations and their cars should be impounded.

If an American Citizen were pulled over and found to be without a valid license, they would most certainly lose their automobile and maybe even risk being arrested.

Why is the law for the illegal invaders any different? Why is a different standard being applied to these people?

This shouldn't even be news worthy. It should be standard pratice.

You know we have a long way to go on this issue when police agencies have to amend laws to deal with the invaders.