1Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2(Vehicles) of the Pennsylvania Consolidated Statutes, making
3an editorial change; further providing for loss of property
4rights to Commonwealth; providing for vehicle forfeiture when
5driving under the influence; and further providing for
6procedure with respect to seized property subject to liens
7and rights of lienholders, for grading and for penalties.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 6801(b), (d), (e) and (k) of Title 42 of
11the Pennsylvania Consolidated Statutes are amended to read:

12§ 6801. Controlled substance forfeiture.

13* * *

14(b) Process and seizure.--Property subject to forfeiture
15under this [chapter] section may be seized by the law
16enforcement authority upon process issued by any court of common
17pleas having jurisdiction over the property. Seizure without
18process may be made if:

19(1) the seizure is incident to an arrest or a search
20under a search warrant or inspection under an administrative

1inspection warrant;

2(2) the property subject to seizure has been the subject
3of a prior judgment in favor of the Commonwealth in a
4criminal injunction or forfeiture proceeding under this
5[chapter] section;

6(3) there is probable cause to believe that the property
7is dangerous to health or safety; or

8(4) there is probable cause to believe that the property
9has been used or is intended to be used in violation of The
10Controlled Substance, Drug, Device and Cosmetic Act.

11* * *

12(d) Custody of property.--Property taken or detained under
13this section shall not be subject to replevin, but is deemed to
14be in the custody of the law enforcement authority subject only
15to the orders and decrees of the court of common pleas having
16jurisdiction over the forfeiture proceedings and of the district
17attorney or the Attorney General. When property is seized under
18this [chapter] section, the law enforcement authority shall
19place the property under seal and either:

20(1) remove the property to a place designated by it; or

21(2) require that the district attorney or Attorney
22General take custody of the property and remove it to an
23appropriate location for disposition in accordance with law.

24(e) Use of property held in custody.--Whenever property is
25forfeited under this [chapter] section, the property shall be
26transferred to the custody of the district attorney, if the law
27enforcement authority seizing the property has local or county
28jurisdiction, or the Attorney General, if the law enforcement
29authority seizing the property has Statewide jurisdiction. The
30district attorney or the Attorney General, where appropriate,

1may:

2(1) Retain the property for official use.

3(2) Sell any forfeited property which is not required to
4be destroyed by law and which is not harmful to the public,
5but the proceeds from any such sale shall be used to pay all
6proper expenses of the proceedings for forfeiture and sale,
7including expenses of seizure, maintenance of custody,
8advertising and court costs. The balance of the proceeds
9shall be dealt with in accordance with subsections (f) and
10(g).

11* * *

12(k) Proceeds and appropriations.--The proceeds or future
13proceeds from forfeited property under this [chapter] section
14shall be in addition to any appropriation made to the Office of
15Attorney General.

16Section 2. Title 42 is amended by adding a section to read:

17§ 6801.2. Vehicle forfeiture.

18(a) Forfeiture generally.--Except as provided in subsection 
19(b), in addition to any other penalty imposed under law, the 
20court shall order forfeiture of a vehicle to the Commonwealth 
21which an individual was driving or operating or was in actual 
22physical control of at the time of the commission of an offense 
23which is classified as a felony of the third degree under 75 
24Pa.C.S. § 3803(c) (relating to grading).

25(b) Exceptions.--The following shall apply:

26(1) No vehicle used by any person as a common carrier in 
27the transaction of business as a common carrier shall be 
28forfeited under this section unless it appears that the owner 
29or other person in charge of the conveyance was a consenting 
30party or privy to a violation of 75 Pa.C.S. (relating to 

1vehicles).

2(2) No vehicle shall be forfeited under this section by
3reason of any act or omission which the owner of the vehicle
4establishes to have been committed or omitted without the
5owner's reasonable knowledge or consent.

6(3) No bona fide security interest shall be subject to
7forfeiture or impairment if it was retained or acquired in
8any of the following circumstances:

9(i) Under 13 Pa.C.S. (relating to commercial code) 
10by any merchant dealing in new or used vehicles.

11(ii) By any licensed or regulated finance company,
12bank or lending institution or by any other business
13regularly engaged in the financing of or lending on the
14security of the vehicle.

15(c) Process and seizure.--

16(1) Property subject to forfeiture under this section
17may be seized by the law enforcement authority upon process
18issued by any court of common pleas having jurisdiction over
19the property.

20(2) Seizure without process may be made if any of the
21following apply:

22(i) The seizure is incident to an arrest or a search
23under a search warrant or inspection under an
24administrative inspection warrant.

25(ii) The property subject to seizure has been the
26subject of a prior judgment in favor of the Commonwealth
27in a criminal injunction or forfeiture proceeding under
28this section.

29(iii) There is probable cause to believe that the 
30property has been used or is intended to be used in 

1violation of 75 Pa.C.S. § 3802 (relating to driving under 
2influence of alcohol or controlled substance).

3(3) In the event seizure without process occurs under
4paragraph (2), proceedings for the issuance of process shall
5be instituted as soon as possible.

6(d) Custody.--Property taken or detained under this section
7shall not be subject to replevin but is deemed to be in the
8custody of the law enforcement authority, subject only to the
9orders and decrees of the court of common pleas having
10jurisdiction over the forfeiture proceedings and of the district
11attorney or the Attorney General. When property is seized under
12this section, the law enforcement authority shall place the
13property under seal and either:

14(1) remove the property to a place designated by it; or

15(2) require that the district attorney or Attorney
16General take custody of the property and remove it to an
17appropriate location for disposition in accordance with law.

18(e) Use or sale of property.--Whenever property is forfeited
19under this section, the property shall be transferred to the
20custody of the district attorney, if the law enforcement
21authority seizing the property has local or county jurisdiction,
22or to the Attorney General, if the law enforcement authority
23seizing the property has Statewide jurisdiction. The district
24attorney or the Attorney General, where appropriate, may do any
25of the following:

26(1) Retain the property for official use.

27(2) Sell any forfeited property. The proceeds from any
28sale shall be used to pay all proper expenses of the
29proceedings for forfeiture and sale, including expenses of
30seizure, maintenance of custody, advertising and court costs.

1The balance of the proceeds shall be dealt with in accordance
2with subsections (f) and (g).

3(f) Use of cash or proceeds of property.--Cash or proceeds 
4of forfeited property transferred to the custody of the district 
5attorney under subsection (e) shall be placed in the operating 
6fund of the county in which the district attorney is elected. 
7The appropriate county authority shall immediately release from 
8the operating fund, without restriction, a like amount for the 
9use of the district attorney enforcing the driving under the 
10influence provisions of 75 Pa.C.S. The entity having budgetary 
11control shall not anticipate future forfeitures or proceeds from 
12future forfeitures in adopting and approving the budget for the 
13district attorney.

14(g) Distribution of property among law enforcement
15authorities.--If both State and municipal law enforcement
16authorities were substantially involved in effecting the
17seizure, the court having jurisdiction over the forfeiture
18proceedings shall equitably distribute the property between the
19district attorney and the Attorney General.

20(h) Authorization to utilize property or proceeds.--The 
21district attorney and the Attorney General shall utilize 
22forfeited property or proceeds from forfeited property for the 
23purpose of enforcing the provisions of 75 Pa.C.S. In appropriate 
24cases, the district attorney and the Attorney General may 
25designate proceeds from forfeited property to be utilized by 
26community-based drug and alcohol programs and crime-fighting 
27programs and for relocation and protection of witnesses in 
28criminal cases.

29(i) Annual audit.--It shall be the responsibility of every
30county in this Commonwealth to provide, through the controller,

1board of auditors or other appropriate auditor and the district
2attorney, an annual audit of all forfeited property and proceeds
3obtained under this section. The audit shall not be made public
4but shall be submitted to the Office of Attorney General. The
5county shall report all forfeited property and proceeds obtained
6under this section and the disposition of the property and
7proceeds to the Attorney General by September 30 of each year.

8(j) Annual report and confidential information.--The
9Attorney General shall do all of the following:

10(1) Annually submit a report to the Appropriations and
11Judiciary Committees of the Senate and the Appropriations and
12Judiciary Committees of the House of Representatives
13specifying the forfeited property or proceeds of forfeited
14property obtained under this section. The report shall give
15an accounting of all proceeds derived from the sale of
16forfeited property and the use made of unsold forfeited
17property.

18(2) Adopt procedures and guidelines governing the
19release of information by the district attorney to protect
20the confidentiality of forfeited property or proceeds used in
21ongoing law enforcement activities.

22(k) Proceeds and appropriations.--The proceeds or future
23proceeds from forfeited property under this section shall be in
24addition to any appropriation made to the Office of Attorney
25General.

26Section 3. Section 6802(a)(5), (f) introductory paragraph,
27(j) introductory paragraph and (k) of Title 42 are amended to
28read:

29§ 6802. Procedure with respect to seized property subject to
30liens and rights of lienholders.

1(a) General procedure.--The proceedings for the forfeiture
2or condemnation of property, the sale of which is provided for
3in this chapter, shall be in rem, in which the Commonwealth
4shall be the plaintiff and the property the defendant. A
5petition shall be filed in the court of common pleas of the
6judicial district where the property is located, verified by
7oath or affirmation of an officer or citizen, containing the
8following:

9* * *

10(5) An allegation that the property is subject to
11forfeiture [pursuant to section 6801(a) (relating to
12controlled substances forfeiture) or 6801.1(a) (relating to
13terrorism forfeiture)] under this chapter and an averment of
14material facts upon which the forfeiture action is based.

15* * *

16(f) Preservation of the property subject for forfeiture.--
17Upon application of the Commonwealth, the court may enter a
18restraining order or injunction, require the execution of a
19satisfactory performance bond or take any other action to
20preserve the availability of property described [in section
216801(a) or 6801.1(a)] under this chapter for forfeiture under
22this section either:

23* * *

24(j) Owner's burden of proof.--At the time of the hearing, if
25the Commonwealth produces evidence that the property in question
26was unlawfully used, possessed or otherwise subject to
27forfeiture under [section 6801(a) or 6801.1(a)] this chapter,
28the burden shall be upon the claimant to show:

29* * *

30(k) Court-ordered release of property.--If a person claiming

1the ownership of or right of possession to or claiming to be the
2holder of a chattel mortgage or contract of conditional sale
3upon the property, the disposition of which is provided for in
4this section, prior to the sale presents a petition to the court
5alleging over the property lawful ownership, right of
6possession, a lien or reservation of title and if, upon public
7hearing, due notice of which having been given to the Attorney
8General or the district attorney, the claimant shall prove by
9competent evidence to the satisfaction of the court that the
10property was lawfully acquired, possessed and used by him or, it
11appearing that the property was unlawfully used by a person
12other than the claimant, that the unlawful use was without the
13claimant's knowledge or consent, then the court may order the
14property returned or delivered to the claimant. Such absence of
15knowledge or consent must be reasonable under the circumstances
16presented. Otherwise, it shall be retained for official use or
17sold in accordance with [section 6801(e) or 6801.1(f)] this 
18chapter.

19Section 4. Section 3803(a) introductory paragraph of Title
2075 is amended and the section is amended by adding a subsection
21to read:

22§ 3803. Grading.

23(a) Basic offenses.--Notwithstanding the provisions of
24[subsection (b)] subsections (b) and (c):

25* * *

26(c) Habitual offender.--

27(1) An individual who violates section 3802(b) and who
28has four or more prior offenses commits a felony of the third
29degree.

30(2) An individual who violates section 3802(a)(1), where

1the individual refused testing of blood or breath, or who
2violates section 3802(c) or (d) and who has three or more
3prior offenses commits a felony of the third degree.

4Section 5. Section 3804(b)(4) and (c)(3) of Title 75 are
5amended and the subsections are amended by adding paragraphs to
6read:

7§ 3804. Penalties.

8* * *

9(b) High rate of blood alcohol; minors; commercial vehicles
10and school buses and school vehicles; accidents.--Except as set
11forth in subsection (c), an individual who violates section
123802(a)(1) where there was an accident resulting in bodily
13injury, serious bodily injury or death of any person or damage
14to a vehicle or other property or who violates section 3802(b),
15(e) or (f) shall be sentenced as follows:

16* * *

17(4) For a fourth [or subsequent] offense, to:

18(i) undergo imprisonment of not less than one year;

19(ii) pay a fine of not less than $1,500 nor more
20than $10,000; and

21(iii) comply with all drug and alcohol treatment
22requirements imposed under sections 3814 and 3815.

23(5) For a fifth or subsequent offense, to:

24(i) undergo imprisonment of not less than two years;

25(ii) pay a fine of not less than $2,500 nor more
26than $15,000; and

27(iii) comply with all drug and alcohol treatment
28requirements imposed under sections 3814 and 3815.

29(c) Incapacity; highest blood alcohol; controlled
30substances.--An individual who violates section 3802(a)(1) and

1refused testing of blood or breath or an individual who violates
2section 3802(c) or (d) shall be sentenced as follows:

3* * *

4(3) For a third [or subsequent] offense, to:

5(i) undergo imprisonment of not less than one year;

6(ii) pay a fine of not less than $2,500; and

7(iii) comply with all drug and alcohol treatment
8requirements imposed under sections 3814 and 3815.

9(4) For a fourth or subsequent offense, to:

10(i) undergo imprisonment of not less than two years;

11(ii) pay a fine of not less than $5,000; and

12(iii) comply with all drug and alcohol treatment
13requirements imposed under sections 3814 and 3815.

14* * *

15Section 6. This act shall apply to any offense committed on
16or after the effective date of this section.

17Section 7. This act shall take effect in 60 days.