H2266B3076A05057 DMS:JMT 06/21/24 #90 A05057
AMENDMENTS TO HOUSE BILL NO. 2266
Sponsor: REPRESENTATIVE NEILSON
Printer's No. 3076
Amend Bill, page 1, line 3, by inserting after "highways;"
in enforcement, further providing for disposition of impounded
vehicles, combinations and loads; in penalties and
disposition of fines, further providing for subsequent
convictions of certain offenses;
Amend Bill, page 1, line 8, by inserting after "3367"
, 6310(b)
Amend Bill, page 4, line 17, by striking out "$2,000" and
inserting
not more than $2,000 or imprisonment for not more than
six months, or both,
Amend Bill, page 5, by inserting between lines 2 and 3
(iii) Upon issuance of an impoundment order, a
police officer, constable or impoundment official as
directed by the judicial authority shall give immediate
notice by the most expeditious means and by certified
mail, return receipt requested, of the impoundment and
location of the vehicle or combination to the owners and
any lienholders of the vehicle or combination if the
names and addresses of the owners and any lienholder are
known or can be ascertained after a reasonable
investigation.
Amend Bill, page 5, line 3, by striking out "(iii)" and
inserting
(iv)
Amend Bill, page 5, line 7, by striking out "(iv) The owner"
and inserting
(v) The owners
Amend Bill, page 5, line 9, by striking out "by:" and
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inserting
upon the expiration or termination of the
impoundment order as provided under this section by:
Amend Bill, page 5, line 15, by striking out "payments" and
inserting
payment
Amend Bill, page 5, line 18, by striking out "(v)" and
inserting
(vi)
Amend Bill, page 5, line 19, by inserting after "recovered"
within 30 days of the expiration or termination of
the impoundment order
Amend Bill, page 5, by inserting between lines 22 and 23
(vii) A vehicle shall not be subject to an
impoundment order under this subsection if:
(A) The vehicle was reported to a police
department as stolen and was not recovered prior to
the time the violation under this section occurred.
(B) The vehicle is a rental vehicle which shall
be immediately returned to the entity which issued
the rental agreement.
(viii) An impoundment order issued under this
subsection shall be immediately terminated by a court of
competent jurisdiction if the owners of the vehicle
submit evidence providing that the owners of the vehicle
were not driving at the time of the violation. This
subparagraph shall not apply if it is determined that:
(A) the owners were present when the violation
occurred; or
(B) the owners knowingly gave actual physical
control of the movement of the vehicle to another
person and had knowledge that the vehicle would be
used to commit a violation under subsection (b).
(ix) An impoundment order issued under this
subsection shall be immediately terminated by a court of
competent jurisdiction if the conviction under subsection
(b) is vacated, overturned, dismissed or withdrawn, or
for which an individual has been pardoned.
(x) For the purposes of this subsection, the lessee
or lessor of a leased vehicle or a lienholder shall be
considered the owner of a vehicle.
Amend Bill, page 5, line 26, by striking out "organizes,
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controls, promotes" and inserting
knowingly organizes, controls
Amend Bill, page 6, line 2, by striking out "organizes,
controls, promotes" and inserting
knowingly organizes, controls
Amend Bill, page 6, line 4, by inserting after "the"
serious bodily
Amend Bill, page 6, by inserting between lines 6 and 7
ยง 6310. Disposition of impounded vehicles, combinations and
loads.
* * *
(b) Sale of unclaimed vehicle or load.--In case any
impounded vehicle or combination is unredeemed, or the load is
unclaimed, for a period of 60 days after notice of impoundment
is given, or for a period of 30 days after the expiration of the
impoundment order under section 3367 (relating to racing on
highways and trafficways), it shall be sold at a public sale by
the sheriff upon order of the issuing authority and after ten
days' notice of sale to the owners, lienholders or secured
parties of the vehicle or load except that, if the sheriff
determines it to be necessary to preserve their value, goods
which may spoil may be sold in any commercially reasonable
manner prior to expiration of the 60-day period or prior to the
30-day period after the expiration of the impoundment order
under section 3367 and, if impractical to do so, without giving
notice to the owners, lienholders or secured parties.
* * *
Amend Bill, page 6, line 15, by inserting a bracket before
"Section"
Amend Bill, page 6, lines 15 and 16, by striking out "and
trafficways"
Amend Bill, page 6, line 16, by inserting a bracket after
"trafficways)."
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