Amends TCA Title 40, Chapter 33 and Title 55, Chapter 10, Part 5.

DRAG RACING Under present law, drag racing is a Class A misdemeanor, and a person who operates a motor vehicle upon the public highways of this state, or while on the premises of any shopping center, trailer park, any apartment house complex, or any other premises generally frequented by the public at large, or who is a participant, for the purpose of drag racing commits the offense of drag racing unless the premises are properly licensed for this purpose. Present law further provides that a motor vehicle used to commit the offense of drag racing or to flee after commission of such offense is, upon conviction for the offense, subject to seizure and forfeiture. This bill deletes the previous sentence and provides, instead, the following: (1) A motor vehicle used in the commission of a violation of the provisions above is subject to seizure and forfeiture; (2) The department of safety is designated as the agency charged by law with conducting the forfeiture proceeding; and (3) Only POST-certified or state-commissioned law enforcement officers are authorized to seize such vehicles. APPLICATION OF FORFEITURE PROCEDURES Present law requires all property, including conveyances, subject to forfeiture under laws governing offenses against property, commercial instruments, narcotic drugs, unclaimed or abandoned vehicles, suspension or revocation of a driver license, alcohol and drug related offenses, intoxicating liquors, taxes and licenses, or wildlife resources to be seized and forfeited. This bill provides that this provision also applies to property subject to forfeiture under laws governing drag racing. FORFEITURE PROCEDURES / HEARING In order to forfeit any property or any person's interest in the property pursuant to laws governing offenses against property, commercial instruments, narcotic drugs, unclaimed or abandoned vehicles, suspension or revocation of a driver license, alcohol and drug related offenses, intoxicating liquors, taxes and licenses, or wildlife resources, present law requires the state to have the burden to prove certain things by the preponderance of the evidence. This bill provides that this provision also applies to property subject to forfeiture under laws governing drag racing. FORFEITURE PROCEDURES / DISPOSITION Present law requires the proceeds from all seizures, confiscations, and sales made by a state agency pursuant to laws governing offenses against property, commercial instruments, narcotic drugs, alcohol and drug related offenses, intoxicating liquors, taxes and licenses, or wildlife resources, to be transmitted to the state treasurer and deposited in the state treasury. This bill provides that this provision also applies to proceeds from all seizures, confiscations, and sales made by the department of safety pursuant to laws governing drag racing. FORFEITURE PROCEDURES / RULES Under present law, an applicable agency authorized to conduct forfeiture hearing pursuant to laws governing offenses against property, commercial instruments, narcotic drugs, suspension or revocation of a driver license, alcohol and drug related offenses, intoxicating liquors, taxes and licenses, or wildlife resources may promulgate rules to supplement and administer provisions for general forfeiture procedures, as long as such rules are consistent with present law. This bill provides that this provision also applies to the department of safety to conduct forfeiture hearing under laws governing drag racing. APPLICABILITY This bill applies to offenses committed on or after July 1, 2023.