It is enacted by the General Assembly as follows:

SECTION 1. Section 11-34-8.1 of the General Laws in Chapter 11-34 entitled "Prostitution and Lewdness" is hereby amended to read as follows:

{ADD 11-34-8.1. Soliciting from motor vehicles for indecent purposes. -- ADD} It shall be unlawful for any person, while an operator or passenger in a motor vehicle to stop, or attempt to stop another vehicle or pedestrian, or to engage or attempt to engage persons in another vehicle or pedestrians in conversation, for the purposes of prostitution or other indecent act, or to patronize, induce or otherwise secure another person to commit any such act. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, {DEL or DEL} {ADD and ADD} by a fine of not less than {DEL two hundred fifty ($250) DEL} {ADD five hundred dollars ($500) ADD} nor more than one thousand dollars ($1,000) {DEL or both DEL} . Any person found guilty of a subsequent offense under this section shall be subject to imprisonment for a term of not more than one (1) year, {DEL or DEL} {ADD and ADD} a fine of not less than {DEL five hundred dollars ($500) nor more than one thousand dollars ($1,000) or both. DEL} {ADD seven hundred fifty dollars ($750) nor more than one thousand five hundred dollars ($1,500). No fine imposed under this section may be suspended. ADD}

SECTION 2. Chapter 11-34 of the General Laws entitled "Prostitution and Lewdness" is hereby amended by adding thereto the following section:

{ADD 11-34-8.2. Forfeiture of motor vehicles. -- ADD} {ADD (a) The motor vehicle being unlawfully operated as defined in section 11-34-8.1 by a person convicted of a second or subsequent offense of soliciting from a motor vehicle for indecent purposes pursuant to section 11-34-8.1 which vehicle is owned by the operator may be seized by the law enforcement agency and forfeited at the discretion of the court.

(b) Property taken or detained under this section shall not be repleviable, but shall be deemed to be in the custody of the law enforcement agency making the seizure.

The seizing agency shall sell the vehicle and grant the proceeds to the governor's justice commission for the purposes of rehabilitation and job training of those found guilty of prostitution and who are imprisoned. The seizing agency may retain ten percent (10%) of the proceeds of the sale up to a maximum of one hundred dollars ($100), for the purposes of the administration of the sale. ADD}

{ADD 11-34-8.3. Criminal forfeiture procedures. -- ADD} {ADD (a) Any criminal complaint charging an offense under sections 11-34-8.1 or 11-34-8.2 shall set forth with reasonable particularity: (1) whether the law enforcement agency seeks to have forfeited property pursuant to this section; and (2) what property the law enforcement agency seeks to have forfeited.

(b) The court may, upon application of the law enforcement agency, enter a restraining order or injunction, require any person claiming any interest in the subject motor vehicle to execute a satisfactory performance bond to the state, or take any other action to preserve the availability of the motor vehicle subject to forfeiture described in section 11-34-8.2 whether prior to or subsequent to the filing of a complaint.

Written notice and an opportunity for a hearing shall be afforded to persons appearing to have an interest in the motor vehicle, said hearing to be limited to the issues of whether:

(1) There is a substantial probability that the law enforcement agency will prevail on the issue of forfeiture and that failure to enter the order will result in the motor vehicle being destroyed, conveyed, encumbered or further encumbered, removed from the jurisdiction of the court, or otherwise made unavailable for forfeitures; and

(2) The need to preserve the availability of property through the entry of the requested order outweighs the hardship on any party against whom the order is to be entered.

(c) An order under this section may be entered upon application of the law enforcement agency without notice or opportunity for a hearing when a complaint has not yet been filed with respect to the property if the law enforcement agency demonstrates that there is probable cause to believe that the property with respect to which the order is sought would, in the event of conviction, be subject to forfeiture under section 11-34-8.2 and that provision of notice will jeopardize the availability of the motor vehicle for forfeiture. The order shall expire within ten (10) days of the date on which it is entered unless extended for good cause shown or unless the party against whom it is entered consents to an extension for a longer period.

(1) A hearing requested by any party in interest concerning an order entered under this subsection shall be held at the earliest possible time and prior to the expiration of the temporary order.

(2) The court may receive and consider, at the hearing held pursuant to this subsection, evidence and information that would be inadmissible in court.

(d) Upon conviction of a person for an offense under section 11-34-8.1, the court may enter a judgment of forfeiture of the property described in sections 11-34-8.2 and 11-34-8.3 to the city or town and shall also authorize the law enforcement agency to seize the motor vehicle ordered forfeited upon such terms and conditions as the court shall deem proper. Following the entry of an order declaring the property forfeited, the court may, upon application of the law enforcement agency, enter such appropriate orders; require the execution of satisfactory performance bonds, appoint receivers, conservators, appraisers, accountants, or trustees; or take any other action to protect the interest of the law enforcement agency in the motor vehicle ordered forfeited.

(e) All right, title, and interest in the motor vehicle described in section 11-34-8.1 vests in the city or town upon the commission of the act giving rise to forfeiture under this section subject to the limitations of section 11-34-8.2. Any such motor vehicle that is subsequently transferred to any person may be the subject of a special verdict of forfeiture and thereafter shall be ordered forfeited to the state, unless the transferee establishes in a hearing pursuant to subsection (f) below that he or she is a bona fide purchaser for value of the motor vehicle who at the time of purchase was reasonably without cause to believe that the motor vehicle was subject for forfeiture. ADD}

SECTION 3. This act shall take effect upon passage.