§99.3. Seizure of an off-road vehicle

            A. Any off-road vehicle that is not evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the off-road vehicle was used in violation of R.S. 14:99.2. Within seventy-two hours, exclusive of holidays or weekends, after actual or constructive seizure, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property. The sufficiency of the warrant of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture on such terms and conditions as are reasonable in the discretion of the court. Upon a finding of no probable cause, the property shall be released to the established owner.

            B. A seizure for forfeiture without process is reasonable if made under circumstances in which a warrantless seizure or arrest would be reasonable in accordance with law.

            C. Any off-road vehicle that is alleged to be evidence of a criminal violation may be seized for forfeiture by any law enforcement agency designated by the district attorney, with or without process issued by any district court, on probable cause to believe that the off-road vehicle was used in violation of R.S. 14:99.2. Within seventy-two hours, exclusive of holidays or weekends, after service of notice of pending forfeiture, the seizing agency shall apply to the court for a warrant of seizure to hold the property pending forfeiture, unless such warrant has been previously obtained. Such application shall be on an affidavit under oath demonstrating that probable cause exists for seizure of the property, regardless of whether the proceedings to forfeit property are brought pursuant to federal or state action and regardless of whether the property has been the subject of a previous final judgment of forfeiture in the courts of any state or the United States. The sufficiency of seizure and affidavit under oath shall be determined in accordance with the law on search warrants. The court may order that the property be held pending forfeiture on such terms and conditions as are reasonable in the discretion of the court.

            D. Any seizing agency designated by the district attorney to make seizures for forfeiture shall notify the district attorney within ten days after such seizure.

            E. The forfeiture of off-road vehicles may be prosecuted in conjunction with the underlying violations of R.S. 14:99.2, or the prosecutor may file a separate in rem action against the off-road vehicle. The district attorney may transfer this seizure action to any other agency that may be prosecuting the associated criminal violations of R.S. 14:99.2.

            F. For the purposes of this Section and R.S. 14:99.4, when the office of the attorney general acts as the ad hoc district attorney for the prosecution of the underlying violation of R.S. 14:99.2, the office of the attorney general shall have all of the powers and duties of the office of the district attorney. In all such cases, the office of the attorney general may elect to prosecute the forfeiture in addition to the underlying crime. Upon successful prosecution of the forfeiture by the office of the attorney general, the share of the proceeds that would have otherwise gone to the office of the district attorney shall be paid to the office of the attorney general as the agency that employs the attorneys handling the prosecution.

            Acts 2026, No. 839, §1.