S0008B0719A00984 PWK:EJH 04/24/17 #90 A00984
AMENDMENTS TO SENATE BILL NO. 8
Sponsor: SENATOR STREET
Printer's No. 719
Amend Bill, page 32, lines 21 through 30; page 33, lines 1
through 30; page 34, lines 1 through 14; by striking out all of
said lines on said pages and inserting
(f) Use of property held in custody.--
(1) Whenever property is forfeited under this chapter
and after all proceedings under sections 5805 (relating to
forfeiture procedure) and 5806 (relating to motion for return
of property) are concluded, the property shall be transferred
to the custody of the Attorney General if the law enforcement
authority seizing the property has Statewide jurisdiction, or
the district attorney if the law enforcement authority
seizing the property has local or county jurisdiction.
(2) The Attorney General or district attorney, as
applicable, shall sell any forfeited property that is not
required to be destroyed by law and is not harmful to the
public.
(3) Sale of forfeited property to an employee of the
Attorney General or district attorney or a person related to
the employee by blood or marriage or an employee of any other
law enforcement authority is prohibited.
(4) The proceeds from sale shall be used to pay all
reasonable expenses related to the maintenance of custody and
sale of the property. The balance of the proceeds shall be
subject to subsection (g).
(g) Use of cash or proceeds or property.--Cash or proceeds
of forfeited property transferred under subsection (f) shall be
distributed in the following order:
(1) To satisfy any restitution orders for victims of the
underlying offense.
(2) One of the following:
(i) if in the custody of the Attorney General, to
the Department of Revenue for deposit into the General
Fund; or
(ii) if in the custody of the district attorney, to
the operating fund of the county in which the district
attorney is elected.
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Amend Bill, page 34, line 15, by striking out "(j)" and
inserting
(h)
Amend Bill, page 35, line 9, by striking out "(k)" and
inserting
(i)
Amend Bill, page 35, line 18, by striking out "(j)" and
inserting
(h)
Amend Bill, page 35, line 25, by striking out "(k.1)" and
inserting
(j)
Amend Bill, page 35, line 30, by striking out "(j)" and
inserting
(h)
Amend Bill, page 36, line 1, by striking out "(l)" and
inserting
(k)
Amend Bill, page 47, line 17, by striking out "5803(j)" and
inserting
5803(h)
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