Public Chapter 375

HOUSE BILL NO. 298

By Representative Curtiss

Substituted for: Senate Bill No. 288

By Senator Cooper

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 33 and Title 55, Chapter 50, relative to driver licenses and the consequences of driving on a cancelled, suspended or revoked driver license.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 55-50-102, is amended by deleting subpart (50) in its entirety and substituting instead the following:

(50) "Violation" means a conviction except as otherwise provided in Tennessee Code Annotated, Section 55-50-504(h).

SECTION 2. Tennessee Code Annotated, Section 55-50-504, is amended by deleting the existing language of subsection (h) and by substituting instead the following:

(h)

(1) The vehicle used in the commission of a person's violation of 55-50-504, when the original suspension or revocation was made for a violation of 55-10-401, or a statute in another state prohibiting driving under the influence of an intoxicant, is subject to seizure and forfeiture in accordance with the procedure established in title 40, chapter 33, part 2. The Department of Safety is designated as the applicable agency, as defined by 40-33-202, for all forfeitures authorized by this subsection.

(2) For purposes of clarifying the provisions of this subsection and consistent with the overall remedial purpose of the asset forfeiture procedure, a vehicle is subject to seizure and forfeiture upon the arrest or citation of a person for driving while such person's driving privileges are cancelled, suspended or revoked. A conviction for the criminal offense of driving while such person's driving privileges are cancelled, suspended or revoked is not required.

SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring it.