Vehicle Asset Forfeiture

Introduction

In the interest of maintaining order of law and preventing criminals from overrunning the streets of San Andreas with vehicles that are used in crime.  The San Andreas Department of Justice has a vested interest in removing vehicles used for violent crimes from their owners to protect citizens from a population of criminals that are free from reproach from the law. 

Constitutional Justification

While citizens are granted the right to own property, this does not allow them to use personal property to infringe on the rights of others. This means that there exists certain circumstances under which property can and should be seized from citizens using this property for illegal or nefarious purposes. Additionally enshrined in the Constitution is the right to Due Process.  This ensures that any seizure of personal property shall be done in a lawful and fair matter. 

Details and Implementation Plan

The Vehicle Asset Forfeiture Legislation will be implemented as follows:

VAF Points

• Any personally owned vehicle which has been used in a  Violent Felony will accumulate one VAF point.
• The vehicle must be physically seized by the police during the commission of the crime (including direct evading after the fact) and must be found to have no signs of tampering.
• VAF points will be tracked by the LSPD, BCSO, and SASM through a joint document in the MDT. Each point must also be confirmed with a report detailing the involvement, lack of vehicle tampering, etc.
• VAF points will persist until the vehicle is seized and auctioned.

Notification Process

• Vehicle owners will be notified when their vehicle accumulates a VAF point.
• The notification will include details about the general incident.
• Reports associated with the incident will be subject to the normal FOIA process.

Seizure Process

• When a vehicle has accumulated three (3) VAF points and has been notified, they are required to surrender the vehicle to a Judge/Justice, or their arresting officer.  The ownership of the vehicle will be transferred to a Judge/Justice in the San Andreas Department of Justice in preparation to enter the auction process.  
• If a citizen refuses to surrender a vehicle that has achieved three (3) VAF points, the vehicle will have it’s registration automatically revoked and transfered to the Justice ordering the removal of the vehicle. The San Andreas Department of Justice may order Law Enforcement Agencies to retrieve the vehicle from the garage it is stored at without a signed search warrant. The San Andreas Department of Justice will be responsible to send a notification to the owner of the vehicle within twenty-four (24) hours of the vehicles seizure and removal from their person. This notification may be in the form of a formal docket post, an e-mail, or text.

Auction Process

• Vehicles seized under this legislation will be auctioned via a Public Auction conducted by the San Andreas Department of Justice to a civilian market.  No one may participate in the auction who bears a felony on their record.  Anyone found to be serving as a surrogate auction participant or string-purchaser will be prosecuted criminally, and the auction will be reversed.  They will be subject to penalties that include, but are not limited to, fines equal to or higher than the vehicle’s worth, jail time and any additional penalties that a Judge or Justice finds appropriate. When a vehicle is purchased through the Public Auction, any VAF points currently assigned to the vehicle are removed from its record. Payment must be made via bank transfer to the DOJ account and must be received before the vehicle will be given to the new owner. Auctions will be hosted at a Justice’s discretion.

Conclusion

In summary, this legislation is enacted with the intention of punishing those who would use their personal property to commit acts of violence against others, and to maintain law and order in the State of San Andreas as a whole.

Signature:

𝕵𝖚𝖘𝖙𝖎𝖈𝖊 𝕭𝖗𝖎𝖙𝖙𝖆𝖓𝖞 𝕬𝖓𝖌𝖊𝖑, 𝖘𝖎𝖌𝖓𝖊𝖉 07/10/2024

Last amended by Justice Brittany Angel 08/22/2024