1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, providing for the offense and consequences of 
4possession with criminal intent of a vehicle with false 
5compartments.

6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:

8Section 1. Section 907(d) of Title 18 of the Pennsylvania
9Consolidated Statutes is amended by adding a definition and the
10section is amended by adding a subsection to read:

11§ 907. Possessing instruments of crime.

12* * *

13(c.1) Unlawful false or secret compartment.--A person
14commits a misdemeanor of the first degree if he possesses a
15false or secret compartment in a motor vehicle with the intent
16to employ the false or secret compartment criminally.

17(d) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this

1subsection:

2* * *

3"False or secret compartment." Any enclosure integrated into 
4a motor vehicle that is a modification of the motor vehicle as 
5built by the manufacturer. <-The term does not include a 
6compartment used or possessed solely for the purpose of securing 
7valuables, electronics, firearms or other personal property that 
8is lawfully possessed.

9* * *

10Section 2. Title 42 is amended by adding a section to read:

11§ 6801.2. Forfeiture of vehicle with unlawful false or secret 
12compartment.

13(a) Forfeiture.--

14(1) Except as set forth in paragraph (2), a vehicle used 
15in the commission of an offense under 18 Pa.C.S. § 907(c.1) 
16(relating to possessing instruments of crime) shall be 
17subject to forfeiture to the Commonwealth and no property 
18right shall exist in the vehicle.

19(2) The following apply:

20(i) No vehicle used by a common carrier in the 
21transaction of business as a common carrier shall be 
22forfeited unless the Commonwealth establishes that the 
23owner or other person in charge of the vehicle was a 
24consenting party or privy to the offense.

25(ii) No vehicle shall be forfeited under the 
26provisions of this section by reason of any act or 
27omission established by the owner thereof to have been 
28committed or omitted without his knowledge or consent, 
29which absence or knowledge or consent must be reasonable 
30under the circumstances presented.

1(b) Process and seizures.--A vehicle subject to forfeiture
2under this section may be seized by the law enforcement
3authority upon process issued by a court of common pleas having
4jurisdiction over the vehicle. Seizure without process may be
5made if any of the following apply:

6(1) The seizure is incident to an arrest, a search under
7a search warrant or an inspection under an administrative
8inspection warrant.

9(2) The vehicle has been the subject of a prior judgment
10in favor of the Commonwealth in a criminal injunction or
11forfeiture proceeding under this chapter.

12(3) There is probable cause to believe that the vehicle 
13has been or is intended to be used in the commission of an 
14offense under 18 Pa.C.S. § 907(c.1).

15(c) Seizure without process.--If seizure is made without 
16process, proceedings for the issuance thereof shall be 
17instituted forthwith.

18(d) Custody.--A vehicle taken or detained under this section
19shall not be subject to replevin but is deemed to be in the
20custody of the law enforcement authority, subject only to the
21orders and decrees of the court of common pleas having
22jurisdiction over the forfeiture proceedings and of the district
23attorney or the Attorney General. When a vehicle is seized under
24this section, the law enforcement authority shall place the
25vehicle under seal and either:

26(1) remove it to a place determined by the law
27enforcement authority; or

28(2) request that the district attorney or Attorney
29General take custody of it and remove it to an appropriate
30location for disposition in accordance with law.

1(e) Use of vehicle held in custody.--When a vehicle is
2forfeited under this section, it shall be transferred to the
3custody of the district attorney if the law enforcement
4authority seizing the vehicle has local or county jurisdiction
5or of the Attorney General if the law enforcement authority
6seizing the vehicle has Statewide jurisdiction. The district
7attorney or the Attorney General, where appropriate, may:

8(1) Retain the vehicle for official use.

9(2) Sell any vehicle which is not required to be 
10destroyed by law and which is not harmful to the public, the 
11proceeds from any such sale to be used to pay all proper 
12expenses of the proceedings for forfeiture and sale, 
13including expenses of seizure, maintenance of custody, 
14advertising and court costs. The balance of the proceeds 
15shall be dealt with under subsections (f) and (g).

16(f) Use of proceeds.--Proceeds transferred to the custody of 
17the district attorney pursuant to subsection (e)(2) shall be 
18placed in the operating fund of the county in which the district 
19attorney is elected. The appropriate county authority shall 
20immediately release from the operating fund, without 
21restriction, that amount for the use of the district attorney in 
22enforcing the criminal laws of this Commonwealth. The entity 
23having budgetary control shall not anticipate future forfeitures 
24or proceeds from forfeiture in adoption and approval of the 
25budget for the district attorney.

26(g) Distribution among law enforcement authorities.--If both 
27municipal and State law enforcement authorities were 
28substantially involved in effecting the seizure, the court 
29having jurisdiction over the forfeiture proceedings shall 
30equitably distribute the property between the district attorney
 

1and Attorney General.

2(h) Authorization to utilize property.--The district
3attorney and the Attorney General shall utilize forfeited
4property or proceeds thereof for the purpose of enforcing the
5criminal laws of this Commonwealth.

6(i) Annual audit.--Every county shall provide, through the 
7controller, board of auditors or other appropriate auditor and 
8the district attorney, an annual audit of all forfeited vehicles 
9and proceeds obtained under this section. The audit shall not be 
10made public but shall be submitted to the Office of Attorney 
11General. The county shall report all forfeited vehicles and 
12proceeds obtained under this section and the disposition of them 
13to the Attorney General by September 30 of each year.

14(j) Annual report; confidential information regarding 
15vehicles.--The Attorney General shall annually submit a report 
16to the Appropriations Committee of the Senate and the Judiciary 
17Committee of the Senate and the Appropriations Committee of the 
18House of Representatives and the Judiciary Committee of the 
19House of Representatives specifying the forfeited vehicles or 
20proceeds obtained under this section. The report shall give an 
21accounting of all proceeds derived from the sale of forfeited 
22vehicles and the use made of unsold forfeited vehicles. The 
23Attorney General shall adopt procedures and guidelines governing 
24the release of information by the district attorney to protect 
25the confidentiality of forfeited vehicles or proceeds used in 
26ongoing law enforcement activities.

27(k) Proceeds and appropriations.--The proceeds or future 
28proceeds from vehicles forfeited under this section shall be in 
29addition to any appropriation made to the Office of Attorney 
30General.

1Section 3. This act shall take effect in 60 days.