Bill Summary for H 427 (2011-2012)

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Summary date: 

Jun 14 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 427 (Public) Filed Tuesday, March 22, 2011
TO PROVIDE FOR THE SEIZURE, FORFEITURE, AND SALE OF MOTOR VEHICLES USED BY DEFENDANTS IN FELONY CASES INVOLVING SPEEDING TO ELUDE ARREST.
Intro. by Faircloth, Folwell, H. Warren, Shepard.

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Bill summary

Senate amendment makes the following changes to 4th edition. Amends GS 20-141.5 to allow a nondefendant motor vehicle owner to file a petition with the clerk of court to seek a pretrial determination that the petitioner is an innocent owner. Directs the clerk to consider the issue of whether the petitioner is an innocent owner and to make a determination as soon as feasible. Specifies that if the clerk determines that petitioner is an innocent owner, the clerk must release the motor vehicle to the petitioner. Authorizes a court to reconsider a failed petition as part of the forfeiture hearing.