Vehicle impoundment.

WORKING DRAFT
2007
STATE OF
WYOMING
07LSO-0436

HOUSE BILL
NO.
HB0135

Vehicle impoundment.

Sponsored by:
Representative(s) Hallinan and Senator(s) Fecht

A BILL

for

AN ACT relating to driving while under the influence; providing for impoundment of a motor vehicle; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1
.

W
.S. 31
‑
5
‑
233 by creating a new subsection (m) is amended to read:

31
‑
5
‑
233.

Driving or having control of vehicle while under influence of intoxicating liquor or controlled substances; penalties.

(m)

In addition to any other penalties under this section, if a person has been convicted under this section or other law prohibiting driving while under the influence at least twice within the five (5) year period preceding the date of the most recent offense upon which a conviction under this section or other law prohibiting driving while under the influence is based, the vehicle being driven during the most recent offense may be seized and impounded by any law enforcement officer of the state after hearing and upon order issued by the court of original jurisdiction. A vehicle impounded under this subsection shall be impounded for the period the convicted individual's driver's license is suspended or revoked under W.S. 31
‑
7
‑
128(b).
The vehicle shall be impounded at a place of impoundment as designated by the county commissioners of the county in which the vehicle is impounded. The removal, preservation, custody, storage and sale of vehicles impounded under this subsection are the responsibility of the county in which the vehicle is impounded.
The cost of impoundment shall be paid by the convicted individual, except upon a showing
before a court of competent jurisdiction
that the convicted individual is indigent. If the cost of impoundment is not paid within six (6) months of the end of the term of impoundment, or if the vehicle is not claimed within six (6) months of the end of the term of impoundment, the vehicle shall be
sold by the sheriff of the county in which the vehicle is impounded
in accordance with W.S.
31-13-108
. A vehicle shall not be impounded if the vehicle was operated by the convicted individual in a
n
illegal manner without the consent and knowledge of the owner.

Section 2
.

This act is effective July 1, 2007.

(END)

1
HB0135