House amendment completely rewrites 2nd edition by deleting provisions and adding new section (g) to GS 20-141.5 (Speeding to elude arrest). Sets out detailed procedure for seizure and sale of motor vehicle involved in felony violation of this statute. Requires sheriff to hold vehicle pending trial, unless vehicle owner posts bond for amount double the value of the property. Provides for return to owner upon an acquittal or dismissal of the charge. Gives court discretion to turn vehicle over to lienholder, and requires lienholder to pay proceeds of sale exceeding amount of lien to court.
Provides that upon defendant’s conviction of felony violation of this section, vehicle must be sold at public auction, and requires that proceeds of sale be allocated to expenses, liens in order of priorities, and the school fund, in that order.
Gives owner of vehicle right to jury determination as to whether owner was “innocent” and thus entitled to reclaim possession of vehicle. If owner cannot be found, contains detailed provisions for notice of sale by publication.
Requires special equipment to increase speed of vehicle to be removed and destroyed, unless removal is determined by a court to be impractical, in which case vehicle is to be turned over to public agency and used only for performance of official duties (subject to exception for lienholders and innocent owners).