§ 66-11.2. Forfeiture of vehicles used to transport unlawfully obtained regulated metals property.
§ 66‑11.2. Forfeitureof vehicles used to transport unlawfully obtained regulated metals property.
(a) Vehicles which areused or intended for use to convey or transport, or in any manner to facilitatethe conveyance or transportation of unlawfully obtained regulated metalsproperty, as defined by this Article, are subject to forfeiture, except that:
(1) No conveyance shallbe forfeited under the provisions of this section by reason of any act oromission, committed or omitted while such conveyance was unlawfully in thepossession of a person other than the owner in violation of the criminal lawsof the United States, or of any state;
(2) No conveyance shallbe forfeited unless the violation involved is a felony;
(3) A forfeiture of avehicle encumbered by a bona fide security interest is subject to the interestof the secured party who had no knowledge of or consented to the act oromission;
(4) No conveyance shallbe forfeited under the provisions of this section unless the owner knew or hadreason to believe the vehicle was being used in the commission of any violationthat may subject the conveyance to forfeiture under this section.
(b) Any vehicle subjectto forfeiture under this section may be seized by any law enforcement officerupon process issued by any district or superior court having jurisdiction overthe vehicle except that seizure without such process may be made when:
(1) The seizure isincident to an arrest or a search under a search warrant;
(2) The vehicle subjectto seizure has been the subject of a prior judgment in favor of the State in acriminal injunction or forfeiture proceeding under this section.
(c) Vehicles taken ordetained under this section shall not be repleviable, but shall be deemed to bein custody of the law enforcement agency seizing it, which may:
(1) Place the vehicleunder seal; or
(2) Remove the vehicleto a place designated by it; or
(3) Request that theNorth Carolina Department of Justice take custody of the vehicle and remove itto an appropriate location for disposition in accordance with law.
Any vehicle seized by a State,local, or county law enforcement officer shall be held in safekeeping asprovided in this subsection until an order of disposition is properly enteredby the judge.
(d) Whenever a vehicleis forfeited under this section, the law enforcement agency having custody ofit may:
(1) Retain the vehiclefor official use; or
(2) Sell any forfeitedvehicle, provided that the proceeds be disposed of for payment of all properexpenses of the proceedings for forfeiture and sale, including expense ofseizure, maintenance of custody, advertising, and court costs; or
(3) Transfer anyvehicles which are forfeited under the provisions of this section to the NorthCarolina Department of Justice when, in the discretion of the presiding judgeand upon application of the North Carolina Department of Justice, said vehiclemay be of official use to the North Carolina Department of Justice;
(4) Upon determinationby the director of any law enforcement agency that a vehicle transferredpursuant to the provisions of this section is of no further use to said agencyfor use in official investigations, such vehicle may be sold as surplusproperty in the same manner as other vehicles owned by the law enforcementagency, and the proceeds from such sale after deducting the cost of sale shallbe paid to the treasurer or proper officer authorized to receive fines andforfeitures to be used for the school fund of the county in the county in whichsaid vehicle was seized; provided, that any vehicle transferred to any lawenforcement agency under the provisions of this section which has been modifiedto increase speed shall be used in the performance of official duties only andnot for resale, transfer, or disposition other than as junk. (2007‑301, s. 3.)