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Committee advances measure to expand drag-racing offense and permit vehicle impoundment
Summary
House Bill 1449 would broaden drag-racing offenses (including drifting, donuts, stunts), require arrest rather than citation, and permit impounding vehicles used in offenses as evidence; legal counsel said vehicles could be subject to criminal forfeiture upon conviction.
The Judiciary Committee moved House Bill 1449 forward after the sponsor said the bill would expand the definition of drag racing to include drifting, donuts and stunts, extend coverage to commercial property, and authorize impoundment of vehicles used in the commission of the offense for the purpose of collecting evidence.
Representative Gillespie, the sponsor, said the intent is to treat serious racing and stunt driving more like DUI enforcement by allowing arrest and temporary impoundments. Members asked whether impoundment would amount to civil forfeiture; legal counsel said impoundment is for evidence and that, if convicted, the vehicle would be "subject to seizure upon conviction" as a criminal forfeiture. Members also pressed where forfeiture proceeds would go and how lienholders or owners of stolen cars would be treated; counsel said lienholders would be paid and ultimately proceeds would revert to the seizing agency under existing forfeiture statutes.
The committee voted to send the bill as amended to finance/ways and means (18–0).
