Page:1941 North Dakota Session Laws.pdf/225

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An Act Authorizing the seizure and confiscation of vehicles or other conveyances used in the commission of a felony, in the furtherance of the Commission of a felony, in the escape from the scene of the commission of a felony, or in the transportation of property which is the subject matter of any felony; Providing for a proceeding to release such property; For the Sale and Method of Sale of Vehicle Confiscated; For the disposition of funds arising from sale; Declaring an Emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. .] Any peace officer of this State may seize any vehicle or other means of transportation used in the commission of a felony, in the furtherance of the commission of a felony, in the escape from the scene of the commission of a felony, or in the transportation of property which is the subject matter of any felony, and may arrest any person in charge thereof, and proceed against any person arrested under the provisions of this act in any court having competent jurisdiction.

§ 2. .] If the committing magistrate on preliminary hearing shall find that the person owning such vehicle is innocent of all connection with the commission of the felony, the vehicle shall be returned to such owner. If claim to the vehicle is made by a person other than the one in the possession of whom it was found, and the officer is in doubt relative to such claim, the vehicle or conveyance taken by an officer under the provisions of this act shall be returned to such claimant thereof upon the execution by him of a bond in an amount equal to the value of the property, to be approved by said officer and conditioned for the return of said property to the officer on the day of the trial to abide the judgment of the court.

§ 3. .] The District Court, upon conviction of the person arrested, or upon his plea of guilty, or upon the failure of the officer after one month of effort, to locate or arrest the person who used such vehicle or other means of conveyance in connection with the commission of the felony, shall order the vehicle or other means of conveyance so confiscated to be forfeited.

§ 4. .] The District Court shall require the State's attorney of the county in which the felony was committed to cause a summons to be issued