Public Chapter 532

HOUSE BILL NO. 1553

By Representatives Buck

Substituted for: Senate Bill No. 1717

By Senator McNally

AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 33, relative to forfeitures.

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

SECTION 1. Tennessee Code Annotated, Section 40-33-203, is amended by adding the following new subpart to subsection (b):

(4) If the conveyance seized is a commercial vehicle or common or contract carrier and the person in possession of the vehicle at the time of seizure does not have an ownership interest in the vehicle, the seizing officer shall, from the vehicle's manifest, bill of lading or public records of titles, registrations and other recorded documents, make reasonable efforts to determine the owner of such conveyance and notify the owner thereof of the seizure. Unless the interest of the owner of such commercial vehicle or common or contract carrier is subject to forfeiture under 40-33-210(a)(2), such vehicle or carrier is not subject to forfeiture under the provisions of this part, the seizing officer shall not seek a forfeiture warrant and, upon the request of the owner of the vehicle or carrier, shall immediately be released by the seizing agency to such owner or transporting agent. For purposes of this subsection "commercial vehicle" includes a private passenger motor vehicle that is used for retail rental for periods of thirty-one (31) days or less.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.