§99.4. Judicial disposition of off-road vehicles; disbursement of proceeds

            A. If after thirty days of the Notice of Pending Forfeiture having been given to the owner and all lienholders of record with the office of motor vehicles, and no claims are timely filed in an action in rem, the district attorney may apply for an order of forfeiture and allocation of forfeited property with the court of jurisdiction. Upon a determination by the court that the prosecuting agency's written application establishes the court's jurisdiction, the giving of proper notice, and facts sufficient to show probable cause for forfeiture, the court shall order the property forfeited to the state.

            B. After final disposition of all claims timely filed in an action in rem, the court shall enter an order that the state has clear title to the forfeited off-road vehicle. Title to the forfeited off-road vehicle and its proceeds shall be deemed to have vested in the state on the commission of the conduct giving rise to the forfeiture pursuant to R.S. 14:99.3.

            C. On order of the court forfeiting the off-road vehicle, the state may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts, by this state, and by all agencies of this state and any political subdivision.

            D. Upon motion by the prosecuting attorney, if it appears after a hearing that there was reasonable cause for the seizure for forfeiture or for the filing of the Notice of Pending Forfeiture or petition, the court shall cause a finding to be entered that reasonable cause existed, and the claimant is not entitled to costs or damages, and the person or seizing agency who made the seizure and the prosecuting agency are not liable to suit or judgment on account of the seizure, suit, or prosecution.

            E. The court shall order a claimant who fails to establish that a substantial portion of the claimant's interest is exempt from forfeiture pursuant to R.S. 14:99.3 to pay the reasonable costs and expenses of the state for the investigation and prosecution of the matter, including reasonable attorney fees, in connection with that claimant.

            F. Off-road vehicles seized pursuant to the provisions of R.S. 14:99.3 shall be destroyed or sold at public auction without appraisal, subject to the discretion of the prosecuting attorney, and any proceeds resulting from the disposition of the vehicles shall be disbursed in the order of priority as follows:

            (1)(a) For satisfaction of any bona fide security interest or lien.

            (b) Thereafter, for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.

            (2) The remaining funds shall be allocated as follows:

            (a) Sixty percent to the law enforcement agency or agencies making the seizure, such proceeds to be used in drug law enforcement, including but not limited to reward programs established by the agencies.

            (b) Twenty percent to the criminal court fund.

            (c) Twenty percent to the office of the prosecuting agency that employs the attorneys who execute the forfeiture action for the state.

            Acts 2026, No. 839, §1.