PRIOR PRINTER'S NO. 71

PRINTER'S NO.  1680

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

86

Session of

2011

  

  

INTRODUCED BY GREENLEAF, TARTAGLIONE, RAFFERTY, ERICKSON AND BROWNE, JANUARY 12, 2011

  

  

SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, OCTOBER 18, 2011   

  

  

  

AN ACT

  

1

Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of

2

the Pennsylvania Consolidated Statutes further providing for

3

dealing in proceeds of unlawful activities, for the unlawful

4

disposition of motor vehicles and for investigation by police

5

officers; and repealing the Motor Vehicle Chop Shop and

6

Illegally Obtained and Altered Property Act.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

Section 1.  Section 5111(a) and the definition of "financial

10

transaction" in subsection (f) of Title 18 of the Pennsylvania

11

Consolidated Statutes are amended to read:

12

§ 5111.  Dealing in proceeds of unlawful activities.

13

(a)  Offense defined.--A person commits a felony of the first

14

degree if the person conducts a financial transaction under any

15

of the following circumstances:

16

(1)  With knowledge that the property involved, including

17

stolen or illegally obtained property, represents the

18

proceeds of unlawful activity, the person acts with the

19

intent to promote the carrying on of the unlawful activity.

20

(2)  With knowledge that the property involved, including

 


1

stolen or illegally obtained property, represents the

2

proceeds of unlawful activity and that the transaction is

3

designed in whole or in part to conceal or disguise the

4

nature, location, source, ownership or control of the

5

proceeds of unlawful activity.

6

(3)  To avoid a transaction reporting requirement under

7

State or Federal law.

8

* * *

9

(f)  Definitions.--As used in this section, the following

10

words and phrases shall have the meanings given to them in this

11

subsection:

12

* * *

13

"Financial transaction."  A transaction involving the

14

movement of funds by wire or other means or involving one or

15

more monetary instruments. The term includes any exchange of

16

stolen or illegally obtained property for financial compensation

17

or personal gain.

18

* * *

19

Section 2.  Article G of Title 18 is amended by adding a

20

chapter to read:

21

Chapter 77

22

Vehicle Chop Shop and Illegally

23

Obtained and Altered Property

24

Sec.

25

7701.  Definitions.

26

7702.  Owning, operating or conducting a chop shop.

27

7703.  Alteration or destruction of vehicle identification

28

number.

29

7704.  Disposition of vehicle or vehicle part with altered

30

vehicle identification number.

- 2 -

 


1

7705.  Exceptions.

2

7706.  Presumptions.

3

7707.  Loss of property rights to Commonwealth.

4

7708.  Procedure with respect to seized property subject to

5

liens and rights of lienholders.

6

§ 7701.  Definitions.

7

The following words and phrases when used in this chapter

8

shall have the meanings given to them in this section unless the

9

context clearly indicates otherwise:

10

"Chop shop."  A building, lot or other premises where one or

11

more persons engage in altering, destroying, disassembling,

12

dismantling, reassembling, storing or possessing a vehicle or

13

vehicle part known to be illegally obtained by theft, fraud or

14

conspiracy to defraud in order to either:

15

(1)  alter, counterfeit, deface, destroy, disguise,

16

falsify, forge, obliterate or remove the identification,

17

including, but not limited to, the vehicle identification

18

number of the vehicle or vehicle part, in order to

19

misrepresent the identity of the vehicle or vehicle part or

20

to prevent the identification of the vehicle or vehicle part;

21

or

22

(2)  sell or dispose of the vehicle or vehicle part.

23

"Person."  A natural person, firm, copartnership, association

24

or cooperation.

25

"Semitrailer."  A trailer so constructed that some part of

26

its weight rests upon or is carried by the towing vehicle.

27

"Trailer."  A vehicle designed to be towed by a motor

28

vehicle.

29

"Vehicle."  Every device in, upon or by which any person or

30

property is or may be transported or drawn upon a highway,

- 3 -

 


1

except devices used exclusively upon rails or tracks. The term

2

does not include a self-propelled wheelchair or an electrical

3

mobility device operated by and designed for the exclusive use

4

of a person with a mobility-related disability.

5

"Vehicle identification number."  A combination of numerals

6

or letters, or both, which a manufacturer of a vehicle assigns

7

to a vehicle for identification purposes or, in the absence of a

8

manufacturer assigned number, which the Department of

9

Transportation assigns to a vehicle for identification purposes.

10

§ 7702.  Owning, operating or conducting a chop shop.

11

Any person who knowingly:

12

(1)  owns, operates or conducts a chop shop; or

13

(2)  transports, sells, transfers, purchases or receives

14

any vehicle or vehicle part that was illegally obtained

15

either to or from a chop shop

16

commits a felony of the second degree and, upon conviction,

17

shall be sentenced to imprisonment for not more than ten years

18

or a fine of not more than $100,000, or both.

19

§ 7703.  Alteration or destruction of vehicle identification

20

number.

21

Any person who alters, counterfeits, defaces, destroys,

22

disguises, falsifies, forges, obliterates or removes a vehicle

23

identification number with the intent to conceal or misrepresent

24

the identity or prevent the identification of a vehicle or

25

vehicle part commits a felony of the third degree and, upon

26

conviction, shall be sentenced to imprisonment for not more than

27

seven years or a fine of not more than $50,000, or both.

28

§ 7704.  Disposition of vehicle or vehicle part with altered

29

vehicle identification number.

30

Any person who purchases, receives, disposes, sells,

- 4 -

 


1

transfers or possesses a vehicle or vehicle part with knowledge

2

that the vehicle identification number of the vehicle or vehicle

3

part has been altered, counterfeited, defaced, destroyed,

4

disguised, falsified, forged, obliterated or removed and with

<--

5

the intent to conceal or misrepresent the identity or prevent

6

the identification of a vehicle or vehicle part commits a felony

7

of the third degree and, upon conviction, shall be sentenced to

8

imprisonment for not more than seven years or a fine of not more

9

than $50,000, or both.

10

§ 7705.  Exceptions.

11

(a)  Scrap processor.--The provisions of section 7702

12

(relating to owning, operating or conducting a chop shop) shall

13

not apply to a motor vehicle scrap processor who, in the normal

<--

14

legal course of business and in good faith, processes a vehicle

15

or vehicle part by crushing, compacting or other similar

16

methods, provided that any vehicle identification number is not

17

removed from the vehicle or vehicle part prior to or during any

18

such processing.

19

(b)  Repair of vehicle.--The provisions of section 7702 shall

20

not be construed to prohibit the removal of a vehicle

21

identification number plate from a vehicle part that is damaged

22

when:

23

(1)  The removal is necessary for proper repair or

24

matching identification of a replacement vehicle part.

25

(2)  The proper matching vehicle identification number

26

plate is immediately and properly secured to the repaired or

27

replacement part.

28

§ 7706.  Presumptions.

29

(a)  Vehicles.--Any person or persons who transport, sell,

30

transfer, purchase, possess or receive any vehicle or vehicle

- 5 -

 


1

part upon which the vehicle identification number has been

2

altered, counterfeited, defaced, destroyed, disguised,

3

falsified, forged, obliterated or removed or who fails to keep,

4

possess or produce the records required to be kept, possessed or

5

produced for the vehicle or vehicle part under 75 Pa.C.S. § 6308

6

(relating to investigation by police officers) shall be prima

7

facie evidence under section 7702 (relating to owning, operating

8

or conducting a chop shop) of that person's or persons'

9

knowledge that the vehicle or vehicle part was illegally

10

obtained.

11

(b)  Police report.--A police report which indicates that a

12

vehicle or vehicle part was reported to police to be in a stolen

13

status at the time it was possessed shall be prima facie

14

evidence that the vehicle or vehicle part was possessed without

15

permission of the owner.

16

§ 7707.  Loss of property rights to Commonwealth.

17

(a)  Forfeitures generally.--The following shall be subject

18

to forfeiture to the Commonwealth, and no property right shall

19

exist in them:

20

(1)  Any tool, implement or instrumentality, including,

21

but not limited to, a vehicle or vehicle part used or

22

possessed in connection with any violation of this chapter.

23

(2)  All materials, products and equipment of any kind

24

which are used or intended for use in violation of this

25

chapter.

26

(3)  All books, records, microfilm, tapes and data which

27

are used or intended for use in violation of this chapter.

28

(4)  All money, negotiable instruments, securities or

29

other things of value used or intended to be used to

30

facilitate any violation of this chapter and all proceeds

- 6 -

 


1

traceable to any transactions in violation of this chapter.

2

(5)  All real property used or intended to be used to

3

facilitate any violation of this chapter, including

4

structures or other improvements thereon and including any

5

right, title and interest in the whole or any lot or tract of

6

land and any appurtenances or improvements which are used or

7

intended to be used in any manner or part to commit or to

8

facilitate the commission of a violation of this chapter.

9

(b)  Exceptions.--

10

(1)  No property shall be forfeited under this section,

11

to the extent of the interest of an owner, by reason of any

12

act or omission established by the owner to have been

13

committed or omitted without the knowledge or consent of that

14

owner.

15

(2)  No valid lien or encumbrance on real property shall

16

be subject to forfeiture or impairment under this paragraph.

17

A lien which is fraudulent or intended to avoid forfeiture

18

under this section shall be invalid.

19

(c)  Process and seizure.--Property subject to forfeiture

20

under this chapter may be seized by the law enforcement

21

authority upon process issued by a court of common pleas having

22

jurisdiction over the property. Seizure without process may be

23

made if:

24

(1)  the seizure is incident to an arrest or a search

25

warrant or inspection under 75 Pa.C.S. § 6308 (relating to

26

investigation by police officers) or any other administrative

27

inspection;

28

(2)  the property subject to seizure has been the subject

29

of a proper judgment in favor of the Commonwealth in a

30

criminal injunction or forfeiture proceeding under this

- 7 -

 


1

chapter;

2

(3)  there is probable cause to believe that the property

3

is dangerous to health or safety; or

4

(4)  there is probable cause to believe that the property

5

has been used or is intended to be used in violation of this

6

chapter.

7

(d)  Seizure without process.--In the event seizure without

8

process occurs as provided in this chapter, proceeding for the

9

issuance thereof shall be instituted forthwith.

10

(e)  Custody of property.--Property taken or detained under

11

this section shall not be subject to replevin but is deemed to

12

be in the custody of the law enforcement authority, subject only

13

to the orders and decrees of the court of common pleas having

14

jurisdiction over the forfeiture proceedings and of the district

15

attorney or the Office of Attorney General. When property is

16

seized under this chapter, the law enforcement authority shall

17

place the property under seal and either:

18

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

19

(2)  require that the district attorney or the Office of

20

Attorney General take custody of the property and remove it

21

to an appropriate location for disposition in accordance with

22

law.

23

(f)  Use of property held in custody.--

24

(1)  Whenever property is forfeited under this chapter,

25

the property shall be transferred to:

26

(i)  the custody of the district attorney, if the law

27

enforcement authority seizing the property has local or

28

county jurisdiction; or

29

(ii)  the Office of Attorney General, if the law

30

enforcement authority seizing the property has Statewide

- 8 -

 


1

jurisdiction.

2

(2)  The district attorney or the Office of Attorney

3

General, where appropriate, may:

4

(i)  Retain the property for official use.

5

(ii)  Sell any forfeited property which is not

6

required to be destroyed by law and which is not harmful

7

to the public, but the proceeds from any such sale must

8

be used to pay all proper expenses of the proceeding for

9

forfeiture and sale, including expenses of seizure,

10

maintenance of custody, advertising and court costs. The

11

balance of the proceeds shall be dealt with in accordance

12

with subsections (g) and (h).

13

(g)  Use of cash, property or proceeds of property.--Cash or

14

proceeds of forfeited property transferred to the custody of the

15

district attorney under subsection (f) shall be placed in the

16

operating fund of the county in which the district attorney is

17

elected. The appropriate county authority shall immediately

18

release from the operating fund, without restriction, a like

19

amount for the use of the district attorney in enforcing the

20

criminal laws of this Commonwealth. The entity having budgetary

21

control shall not anticipate future forfeitures or proceeds from

22

such forfeitures in adoption and approval of the budget for the

23

district attorney.

24

(h)  Distribution of property among law enforcement

25

authorities.--If both State and municipal law enforcement

26

authorities were substantially involved in effecting the

27

seizure, the court having jurisdiction over the forfeiture

28

proceedings shall equitably distribute the property between the

29

district attorney and the Office of Attorney General.

30

(i)  Annual audit of forfeited property.--A county shall

- 9 -

 


1

provide, through the controller, board of auditors or other

2

appropriate auditor and the district attorney, an annual audit

3

of all forfeited property and proceeds obtained under this

4

section. The audit shall not be made public but shall be

5

submitted to the Office of Attorney General. The county shall

6

report all forfeited property and proceeds obtained under this

7

section and the disposition thereof to the Office of Attorney

8

General by September 30 of each year.

9

(j)  Annual report; confidential information regarding

10

property.--The Office of Attorney General shall annually submit

11

a report to the Appropriations Committee of the Senate, the

12

Appropriations Committee of the House of Representatives, the

13

Judiciary Committee of the Senate and the Judiciary Committee of

14

the House of Representatives specifying the forfeited property

15

or proceeds thereof obtained under this section. The report

16

shall give an account of all proceeds derived from the sale of

17

forfeited property and the use made of unsold forfeited

18

property. The Office of Attorney General shall adopt procedures

19

and guidelines governing the release of information by the

20

district attorney to protect the confidentiality of forfeited

21

property or proceeds used in ongoing enforcement activities.

22

(k)  Proceeds and appropriations.--The proceeds or future

23

proceeds from forfeited property under this chapter shall be in

24

addition to any appropriation made to the Office of Attorney

25

General.

26

§ 7708.  Procedure with respect to seized property subject to

27

liens and rights of lienholders.

28

(a)  General procedure.--The proceedings for the forfeiture

29

or condemnation of property, the sale of which is provided for

30

under this chapter, shall be in rem in which the Commonwealth

- 10 -

 


1

shall be the plaintiff and the property the defendant. The

2

Pennsylvania Rules of Civil Procedure shall apply to all

3

forfeiture proceedings brought under this chapter. A petition

4

shall be filed in the court of common pleas of the judicial

5

district where the property is located, verified by oath or

6

affirmation of an officer or citizen, containing the following:

7

(1)  A description of the property seized.

8

(2)  A statement of the time and place where seized.

9

(3)  The owner, if known.

10

(4)  The person or persons in possession, if known.

11

(5)  An allegation that the property is subject to

12

forfeiture under section 7707 (relating to loss of property

13

rights to Commonwealth) and an averment of material facts

14

upon which the forfeiture action is based.

15

(6)  A prayer for an order of forfeiture that the

16

property be adjudged forfeited to the Commonwealth and

17

condemned and be ordered sold according to law unless cause

18

be shown to the contrary.

19

(b)  Notice to property owners.--A copy of the petition

20

required under subsection (a) shall be served personally or by

21

certified mail on the owner or upon the person or persons in

22

possession at the time of the seizure. The copy shall have

23

endorsed a notice as follows:

24

To the claimant of within described property: You are

25

required to file an answer to this petition, stating your

26

title in and right to possession of the property within 30

27

days from the service of this petition, and you are also

28

notified that, if you fail to file an answer, a decree of

29

forfeiture and condemnation will be entered against the

30

property.

- 11 -

 


1

The notice shall be signed by the Attorney General, Deputy

2

Attorney General, district attorney, deputy district attorney or

3

assistant district attorney.

4

(c)  Substitute notice.--

5

(1)  If the owner of the property is unknown or there was

6

no person in possession of the property when seized or if the

7

owner or such person or persons in possession at the time of

8

the seizure cannot be personally served or located within the

9

jurisdiction of the court, notice of the petition shall be

10

given by the Commonwealth through an advertisement in only

11

one newspaper of general circulation published in the county

12

where the property was seized once a week for two successive

13

weeks. No other advertisement of any sort shall be necessary,

14

any other law to the contrary notwithstanding.

15

(2)  The notice shall:

16

(i)  contain a statement of the seizure of the

17

property with a description of the property and the place

18

and date of seizure; and

19

(ii)  direct any claimants to the property to file a

20

claim on or before a date given in the notice, which date

21

shall not be less than 30 days from the date of the first

22

publication.

23

(3)  If no claims are filed within 30 days of

24

publication, the property shall summarily forfeit to the

25

Commonwealth.

26

(d)  Property owners not in jurisdiction.--For purposes of

27

this section, the owner or other such person cannot be found in

28

the jurisdiction of the court if:

29

(1)  A copy of the petition is mailed to the last known

30

address by certified mail and is returned without a delivery. 

- 12 -

 


1

(2)  A personal service is attempted once but cannot be

2

made at the last known address.

3

(3)  A copy of the petition is left at the last known

4

address.

5

(e)  Notice automatically waived.--

6

(1)  The notice provisions of this section are

7

automatically waived when the owner, without good cause,

8

fails to appear in court in response to a subpoena on the

9

underlying criminal charges.

10

(2)  Forty-five days after such a failure to appear, if

11

good cause has not been demonstrated, the property shall

12

summarily forfeit to the Commonwealth.

13

(f)  Preservation of the property subject for forfeiture.--

14

(1)  Upon application of the Commonwealth, the court may

15

enter a restraining order or injunction, require the

16

execution of a satisfactory performance bond or take any

17

other action to preserve the availability of property

18

described in section 7707 for forfeiture under this section

19

either:

20

(i)  upon the filing of an information or an

21

indictment charging a violation of this chapter for which

22

criminal forfeiture may be ordered under this chapter and

23

alleging that the property with respect to which the

24

order is sought would be subject to forfeiture; or

25

(ii)  prior to the filing of such an indictment or

26

information if, after notice to persons appearing to have

27

an interest in the property and an opportunity for a

28

hearing, the court determines that:

29

(A)  There is a substantial probability that the

30

Commonwealth will prevail on the issue of forfeiture

- 13 -

 


1

and that failure to enter the order will result in

2

the property being destroyed, removed from the

3

jurisdiction of the court or otherwise made

4

unavailable for forfeiture.

5

(B)  The need to preserve the availability of the

6

property through the entry of the requested order

7

outweighs the hardship on any party against whom the

8

order is to be entered.

9

(2)  An order entered under this subsection shall be

10

effective for not more than 90 days unless extended by the

11

court for good cause shown or unless an indictment or

12

information described in paragraph (1)(i) has been filed.

13

(g)  Temporary restraining order.--

14

(1)  A temporary restraining order under subsection (f)

15

may be entered upon application of the Commonwealth without

16

notice or opportunity for a hearing when an information or

17

indictment has not yet been filed with respect to the

18

property if the Commonwealth demonstrates that:

19

(i)  there is probable cause to believe that the

20

property with respect to which the order is sought would

21

be subject to forfeiture under this chapter; and

22

(ii)  the provision of notice will jeopardize the

23

availability of the property for forfeiture.

24

(2)  Such temporary order shall expire not more than ten

25

days after the date on which it is entered, unless:

26

(i)  extended for good cause shown; or

27

(ii)  the party against whom it is entered consents

28

to an extension for a longer period.

29

(3)  A hearing requested concerning an order entered

30

under this subsection shall be held at the earliest possible

- 14 -

 


1

time and prior to the expiration of the temporary order.

2

(h)  Hearing regarding property; rules of evidence.--The

3

court may receive and consider at a hearing held under

4

subsection (f) or (g) evidence and information that would be

5

inadmissible under the rules of evidence.

6

(i)  Hearing time set.--Upon the filing of a claim for the

7

property setting forth a right of possession, the case shall be

8

deemed at issue and a time shall be fixed for the hearing.

9

(j)  Owner's burden of proof.--At the time of the hearing, if

10

the Commonwealth produces evidence that the property in question

11

was unlawfully used, possessed or otherwise subject to

12

forfeiture under section 7706 (relating to presumptions), the

13

burden shall be upon the claimant to show that:

14

(1)  The claimant is the owner of the property or the

15

holder of a chattel mortgage or contract of conditional sale

16

thereon.

17

(2)  The claimant lawfully acquired the property.

18

(3)  It was not unlawfully used or possessed by the

19

claimant. In the event that it shall appear that the property

20

was unlawfully used or possessed by a person other than the

21

claimant, then the claimant must show that the unlawful use

22

or possession was without the claimant's knowledge or

23

consent. Such absence of knowledge or consent must be

24

reasonable under the circumstances presented.

25

(k)  Court-ordered release of property.--

26

(1)  If a person claiming the ownership of or right of

27

possession to or claiming to be the holder of a chattel

28

mortgage or contract of conditional sale upon the property,

29

the disposition of which is provided for in this section,

30

prior to the sale presents a petition to the court alleging

- 15 -

 


1

over the property lawful ownership, right of possession, a

2

lien or reservation of title and if, upon public hearing, due

3

notice of which having been given to the Office of Attorney

4

General or the district attorney, the claimant proves by

5

competent evidence to the satisfaction of the court:

6

(i)  that the property was lawfully acquired,

7

possessed and used by him; or

8

(ii)  if it appears that the property was unlawfully

9

used by a person other than the claimant, that the

10

unlawful use was without the claimant's knowledge or

11

consent,

12

then the court may order the property returned or delivered

13

to the claimant.

14

(2)  Such absence of knowledge or consent must be

15

reasonable under the circumstances presented. Otherwise, the

16

property shall be retained for official use or sold in

17

accordance with section 7707(f).

18

Section 3.  Section 6308(c) and (d) of Title 75 are amended

19

to read:

20

§ 6308.  Investigation by police officers.

21

* * *

22

(c)  Inspection [of garages and dealer premises].--Any police

23

officer or authorized department employee may, during business

24

hours or at any other time in which work is being conducted or

25

work is being performed, inspect any vehicle, or major component

26

part for which records are required to be kept under subsection

27

(d), in any garage or repair shop or on the premises of any

28

dealer, miscellaneous motor vehicle business, salvage motor

29

vehicle auction or pool operator, salvor, scrap metal processor,

30

or other public place of business which deals in the trade of

- 16 -

 


1

vehicles or major component parts for the purpose of [locating

2

stolen vehicles or parts or vehicles or vehicle parts with

3

identification numbers removed or falsified.]:

4

(1)  locating stolen vehicles or parts of vehicles or

5

major component parts with identification numbers, Federal

6

certification labels, anti-theft labels or parts stickers

7

removed, altered or falsified; or

8

(2)  inspecting the records required to be kept under

9

subsection (d).

10

The owner [of the garage or repair shop or the dealer],

11

operator, representative of the owner or operator of the

12

business or other person shall permit any police officer or

13

authorized department employee to make investigations under this

14

subsection.

15

(d)  Records.--

16

(1)  Every salvor, miscellaneous motor vehicle business,

17

salvage motor vehicle auction or pool operator, scrap metal

18

processor, garage, repair shop and dealer shall keep accurate

19

records of [motor vehicle sales and dispositions] the

20

purchase, acquisition, sale and disposition of vehicles and

<--

21

major component parts as required under sections 1103.1

<--

22

(relating to application for certificate of title), 1111

23

(relating to transfer of ownership of vehicle), 1113

24

(relating to transfer to or from manufacturer or dealer),

25

1114 (relating to transfer of vehicle by operation of law),

26

1119 (relating to application for certificate of title by

27

agent), 1161 (relating to certificate of salvage required),

28

1162 (relating to transfer to vehicle salvage dealer), 1163

29

(relating to transfer to scrap metal processor) and 1164

30

(relating to theft vehicles). The records shall [include the] 

<--

- 17 -

 


1

also include a corresponding customer receipt with the

2

vehicle identification number, make, year and type of vehicle

3

or major component part, from whom the vehicle was purchased

<--

4

or acquired [and date, vehicle identification number and date

5

of sale or disposition of vehicle.], sold to or disposed of,

<--

6

the date, location and place purchased, acquired, sold or

7

disposed of, and the amount paid or other tender exchanged

<--

8

for the purchase, acquisition, sale or disposition and the

<--

9

vehicle identification number or other serial numbers or

10

manufacturer's identification numbers.

11

(2)  The records shall also include a photocopy of a

12

government-issued form of photo identification from the

13

person towing or selling the vehicle or major component part,

<--

14

driver's license number and location from where the vehicle

15

or major component part was towed or sold and the business

<--

16

name, address, license number and contact number of the

17

towing company.

18

(3)  The records shall be available on the premises of

19

the salvor, miscellaneous motor vehicle business, salvage

20

motor vehicle auction or pool operator, scrap metal

21

processor, garage, repair shop and dealer and open to

22

inspection by any police officer or authorized department

23

employee. The records shall be maintained for three years

24

from the date of disposition of the vehicle or the major

<--

25

component parts.

26

(4)  If inspection under subsection (c) reveals stolen

27

vehicles, stolen major component parts or vehicle, vehicles 

<--

28

or major component parts with identification numbers, Federal

29

certification labels, anti-theft labels or parts stickers

30

removed, altered or falsified, any police officer or

- 18 -

 


1

authorized department employee may seize those vehicles or

2

vehicle parts, records relating to the seized vehicles or

3

vehicle parts and the business, including proof of ownership

4

or operation of the business, as well as any

5

instrumentalities used to facilitate criminal activity.

6

* * *

7

Section 4.  Repeals are as follows:

8

(1)  The repeal under paragraph (2) is necessary to

9

effectuate this act.

10

(2)  The act of November 24, 1998 (P.L.874, No.110),

11

known as the Motor Vehicle Chop Shop and Illegally Obtained

12

and Altered Property Act, is repealed.

13

Section 5.  The addition of 18 Pa.C.S. Ch. 77 is a

14

continuation of the former act of November 24, 1998 (P.L.874,

15

No.110), known as the Motor Vehicle Chop Shop and Illegally

16

Obtained and Altered Property Act.

17

Section 6.  This act shall take effect in 60 days.

- 19 -