3658-1:N:04/11/1992:fc/fc LRS97-4146
| SYNOPSIS: | Under existing law, obscuring the identity of a vehicle is a crime and the definition of vehicle includes motorboats and vessels. The crime of obscuring the identity of a vehicle or a boat is a misdemeanor and the vehicle or boat would be returned to the holder if it could not be proved that the vehicle or boat is stolen. |
| Under existing law relating to motor vehicles, the Uniform Certificate of Title and Antitheft Act, provides further for the falsification of motor vehicle identification numbers or registration, criminal penalties for violations, and forfeiture procedures under certain conditions. | |
| This bill would adopt similar provisions relating to boats as the provisions relating to motor vehicles under the Uniform Certificate of Title and Antitheft Act. The bill would prohibit the falsification of the identification number or registration of a boat or vessel, provide criminal penalties, and provide further for forfeiture procedures under similar conditions. |
Relating to boats and vessels; to prohibit the unauthorized alteration of identification numbers on or the registration information relating to boats, outboard motors, or identifiable component parts thereof; to provide criminal penalties for violations, including illegal possession thereof; and provide for forfeiture procedures under certain conditions.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) A person who willfully removes or falsifies an identification number of a vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel is guilty of a Class A misdemeanor and shall be punished as required by law.
(b) A person who, willfully and with intent to conceal or misrepresent the identify of a vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel or removes or falsifies an identification number of the same is guilty of a Class C felony and shall be punished as required by law.
(c) A person who buys, receives, possesses, sells or disposes of a vessel, outboard motor, or an engine, transmission, or other identifiable component part of a vessel, knowing that an identification number of the same has been removed or falsified, is guilty of a Class A misdemeanor and shall be punished as required by law.
(d) A person who buys, receives, possesses, sells or disposes of a vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel, with knowledge that an identification number of same has been removed or falsified and with intent to conceal or misrepresent the identity of same is guilty of a Class C felony and shall be punished as required by law.
(e) A person who removes a registration number or decal from a vessel or affixes to a vessel a registration number or decal not authorized by law for use on it, in either case with intent to conceal or misrepresent the identity of a vessel or its owner, is guilty of a Class A misdemeanor and shall be punished as required by law.
(f) As used in this section, the following words have the following meanings:
(1) FALSIFY. The term includes alter and forge.
(2) IDENTIFIABLE COMPONENT PART. The term includes any part of a vessel or outboard motor that an identifying number stamped or placed on it by the manufacturer or other authorized person or any part that can be identified by other means as being a part of a particular vessel or outboard motor.
(3) IDENTIFICATION NUMBER. The term includes an identifying number, engine number, outboard motor number, or other distinguishing number or mark placed on a vessel, outboard motor, or the engine, transmission, or other component part of a vessel, by its manufacturer or by authority of the Department of Conservation and Natural Resources or in accordance with the laws of another state or country.
(4) REMOVE. The term includes deface, cover, and destroy.
(5) VESSEL. As defined by Section 33-5-3 of the Code of Alabama 1975.
(g) An identification number may be placed on a vessel, outboard motor, or the engine, transmission, or other identifiable component part of a vessel, by its manufacturer in the regular course of business or placed or restored on same by authority of the Department of Conservation and Natural Resources without violating this section. An identification number so placed or restored is not falsified.
(h) Any vessel, outboard motor, or the engine, transmission, or other identifiable component part, wherein the identification number or numbers appear to be altered, or removed may be seized and detained by law enforcement officials for a reasonable period of time for determination of the true identity of the vessel, outboard motor, or the engine, transmission, or other component parts. Any item seized by law enforcement officials, wherein ownership cannot be determined shall be contraband and subject to forfeiture.
(i) Any seized item taken or retained under this section shall not be subject to replevin, but is deemed to be in the custody of the state, county, or municipal law enforcement agency subject only to the orders and judgment of the court having jurisdiction over the forfeiture proceedings.
(j) Any vessel or outboard motor which has been reported stolen and subsequently recovered by law enforcement officials may be returned to the person claiming ownership upon proper ownership documentation. Any recovered vessel or outboard motor where ownership is in question shall be returned subject only to the orders of a circuit court having jurisdiction of the matter.
(k) No civil liability shall attach to any law enforcement official acting in good faith under this section.
(l) When property is forfeited under this section, the state, county, or municipal law enforcement agency may with approval of a court of competent jurisdiction:
(1) Retain it for official use.
(2) Have it destroyed.
(3) Any vessel or outboard motor which is retained for official use under this section, shall be destroyed, upon its becoming unserviceable.
Section 2. This act shall become effective immediately upon its passage and approval by the Governor, or upon its otherwise becoming a law.