LRB-1452/2
PEN:mfd:jlb
1997 - 1998 LEGISLATURE
February 12, 1997 - Introduced by Representatives Nass, Riley, M. Lehman,
Kreibich, Ainsworth, Zukowski, Gunderson, Hahn, Musser, Albers,
Goetsch, Schafer, Skindrud, Seratti, Gard, Grothman, Olsen, Ott, F. Lasee,
Ward, Sykora, Foti, Turner, Handrick, Lorge and Owens, cosponsored by
Senators Zien, Welch, Moore, A. Lasee, Schultz, Drzewiecki, Fitzgerald,
Darling, Huelsman and
Farrow. Referred to Committee on Highways and
Transportation.
AB96,1,3
1An Act to amend 342.30 (4) (a); and
to create 342.30 (4) (d) of the statutes;
2relating to: vehicles or vehicle parts having an altered or obliterated vehicle
3identification number.
Analysis by the Legislative Reference Bureau
Under current law, a law enforcement officer may seize a vehicle or vehicle part
(vehicle) having a vehicle identification number (VIN) that has been altered or
obliterated. If the VIN cannot be identified, the seized vehicle is presumed to be
contraband and a person must prove ownership to reclaim the property. If the VIN
can be identified, the vehicle may be returned to its owner or may be retained as
seized property. Any seized vehicle is subject to forfeiture in the same manner as
stolen property, except that, if a criminal action is commenced in the matter, the
forfeiture action may not commence until after a final determination is reached in
the criminal action.
Under this bill, a law enforcement officer may not seize a vehicle that has an
altered or obliterated VIN unless the officer has a reasonable basis to believe that
the VIN was altered or obliterated with the intention to deceive another, and to
induce such other person, in reliance upon such deception, to transfer, alter or
terminate a right or obligation with respect to the property. The bill requires the
custodian of a seized motorcycle or motorcycle part whose VIN can be identified to
immediately return the motorcycle or motorcycle part to its registered owner if no
forfeiture action is commenced within 30 days after the motorcycle or motorcycle part
is seized.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB96, s. 1
1Section
1. 342.30 (4) (a) of the statutes is amended to read:
AB96,2,102
342.30
(4) (a) If a law enforcement agency finds a vehicle or part of a vehicle
3on which the identification number has been removed, altered or obliterated or made
4impossible to read, the law enforcement agency may seize the vehicle or part of a
5vehicle. If the identification number cannot be identified, the seized vehicle or
6vehicle part is presumed to be contraband.
If Except as provided in par. (d), if the
7identification number can be identified, the agency may return the vehicle to the
8registered owner. Except as provided in par. (b), the district attorney shall institute
9forfeiture proceedings under s. 973.076 regarding any vehicle or vehicle part that is
10seized under this paragraph and not returned to the owner.
AB96, s. 2
11Section
2. 342.30 (4) (d) of the statutes is created to read:
AB96,3,212
342.30
(4) (d) If the identification number of a motorcycle or part of a motorcycle
13seized under par. (a) can be identified and if no forfeiture proceeding is commenced
14under s. 973.076 within 30 days after the seizure of the property, the custodian of the
15seized property shall immediately return the seized property to the owner named in
16the certificate of title or registration. If a motorcycle or part of a motorcycle is not
17returned to the owner named in the certificate of title or registration as required in
18this paragraph, and if the owner of the property commences a replevin action to
19recover possession of the property, and if the judge finds that the custodian of the
20property unreasonably retained the property after 30 days after the seizure, the
1court shall award the owner the costs and reasonable attorney fees incurred in the
2replevin action.
