PRINTER'S NO. 1015

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

869

Session of

2015

INTRODUCED BY FOLMER, WILLIAMS, LEACH, FARNESE, COSTA, MENSCH,

WOZNIAK AND BARTOLOTTA, JUNE 4, 2015

REFERRED TO JUDICIARY, JUNE 4, 2015

crimes, further providing for the offense of manufacture,

distribution, use of possession of devices for theft of

telecommunication services; in criminal homicide, further

providing for drug delivery resulting in death; in loss of

property rights relating to sexual offenses, further

providing for general rule; repealing provisions relating to

process and seizure, to custody of property and to disposal

of property; in forgery and other fraudulent practices,

further providing for the offenses of copying and recording

devices and of trademark counterfeiting; in riot, disorderly

for the offense of scattering rubbish; in other offenses,

further providing for drug trafficking sentencing and

penalties; in vehicle chop shop and illegally obtained and

altered property, further providing for loss of property

rights to Commonwealth; repealing provisions relating to

procedure with respect to seized property subject to liens

and rights of lienholders; in enforcement relating to Fish

and Boat Code, further providing for forfeiture of fish and

devices; adding provisions relating to asset forfeiture in

Judicial Code; in forfeitures, further providing for

vehicles used to transport waste; in liquid fuels and fuel

forfeitures; and making repeals of provisions of the Liquor

Code, the Tax Reform Code of 1971 and another act relating to

certain forfeiture of property.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1518(f) of Title 4 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1518. Prohibited acts; penalties.

* * *

(f) Property subject to seizure, confiscation, destruction

forfeiture] the provisions of 42 Pa.C.S. Ch. 58 (relating to

asset forfeiture).

Section 2. Sections 910(c.1), 2506(f) and 3141 of Title 18

are amended to read:

§ 910. Manufacture, distribution, use or possession of devices

* * *

(c.1) Forfeiture of unlawful telecommunication devices.--

Upon conviction of a defendant under this section, the court

may, in addition to any other sentence authorized by law, direct

* * *

§ 2506. Drug delivery resulting in death.

* * *

(f) Forfeiture.--Assets against which [a forfeiture

petition] an information or indictment seeking forfeiture has

been filed and is pending or against which the Commonwealth has

indicated an intention to file [a forfeiture petition] an

information or indictment seeking a forfeiture shall not be

subject to a fine. Nothing in this section shall prevent a fine

from being imposed on assets which have been subject to an

unsuccessful forfeiture [petition] proceeding.

assault) or 3126 (relating to indecent assault); or

(2) required to register with the Pennsylvania State

Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders);

may be required to forfeit property rights in any property or

assets used to implement or facilitate commission of the crime

or crimes of which the person has been convicted. [Such property

may include, but is not limited to, a computer or computers,

telephone equipment, firearms, licit or illicit prescription

drugs or controlled substances, a motor vehicle or such other

58 (relating to asset forfeiture).

Section 3. Sections 3142, 3143 and 3144 of Title 18 are

repealed:

[§ 3142. Process and seizure.

(a) Seizure.--Property subject to forfeiture under this

section may be seized by law enforcement authority upon process

issued by the court of common pleas having jurisdiction over the

person or property.

(b) Seizure without process.--Seizure without process may be

made if the seizure is incident to an arrest or a search under a

search warrant and there is probable cause to be believe that

if the offense was committed without the knowledge or consent of

the owner.

§ 3143. Custody of property.

Property taken or detained under this subchapter is deemed to

be the property of the law enforcement authority having custody

thereof and is subject only to the court of common pleas having

jurisdiction over the criminal or forfeiture proceedings, the

district attorney in the matter or the Attorney General.

§ 3144. Disposal of property.

Property taken or detained pursuant to the provisions of this

custody thereof, shall be utilized for investigation or

prosecution of sexual offenses or donated to nonprofit

charitable institutions which provide counseling and other

assistance to victims of sexual offenses.]

Section 4. Sections 4116(i), 4119(f)(1) and (2)(i), 5513(b),

5707, 6314(f), 6501(b)(5) and (d), 7508(e) and 7707 of Title 18

are amended to read:

§ 4116. Copying; recording devices.

* * *

(i) Forfeiture.--

(1) No property right shall exist in any property used

[(2) Property and proceeds found in close proximity to

illegally recorded devices shall be rebuttably presumed to be

used or intended for use to facilitate a violation of this

section.]

(3) The provisions of this subsection shall not, in any

way, limit the right of the Commonwealth to exercise any

rights or remedies otherwise provided by law.

§ 4119. Trademark counterfeiting.

* * *

(f) Seizure, forfeiture and disposition.--

section and all personal property, including, but not limited

to, any items, objects, tools, machines, equipment,

instrumentalities or vehicles of any kind, used in connection

with a violation of this section shall be seized by a law

enforcement officer.

(2) (i) All seized personal property and property

constituting or derived from any proceeds referenced in

paragraph (1) shall be forfeited in accordance with [the

procedures set forth in section 6501(d) (relating to

scattering rubbish)] 42 Pa.C.S. Ch. 58 (relating to asset

forfeiture).

Commonwealth. [All provisions of law relating to the seizure,

summary and judicial forfeiture, and condemnation of

intoxicating liquor shall apply to seizures and forfeitures

under the provisions of this section.] The forfeiture shall be

conducted in accordance with 42 Pa.C.S. Ch. 58 (relating to

asset forfeiture).

* * *

§ 5707. Seizure and forfeiture of electronic, mechanical or

Any electronic, mechanical or other device possessed, used,

Pa.C.S. Ch. 58 (relating to asset forfeiture).

§ 6314. Sentencing and penalties for trafficking drugs to

* * *

(f) Forfeiture.--Assets against which [a forfeiture

petition] an information or indictment seeking forfeiture has

been filed and is pending or against which the Commonwealth has

indicated an intention to file [a forfeiture petition] an

information of indictment seeking forfeiture shall not be

subject to a fine under this section.

* * *

transportation or disposal of trash, garbage or debris in the

commission of a second or subsequent offense under subsection

(a)(3) may be deemed contraband and forfeited in accordance

with [the provisions set forth in this section] 42 Pa.C.S.

Ch. 58 (relating to asset forfeiture).

* * *

[(d) Forfeiture.--

(1) Property subject to forfeiture under this section

may be seized by the law enforcement authority upon process

issued by any court of common pleas having jurisdiction over

of the law enforcement authority subject only to the orders

and decrees of the court of common pleas having jurisdiction

over the forfeiture proceedings and of the district attorney.

When property is seized under this section, the law

enforcement authority shall place the property under seal and

either:

or

of the property and remove it to an appropriate location

for disposition in accordance with law.

maintenance of custody, advertising and court costs. The

balance of the proceeds shall be used for the enforcement of

this act.

(4) The proceedings for the forfeiture or condemnation

of property, the sale of which is provided for in this

section, shall be in rem, in which the Commonwealth shall be

the plaintiff and the property the defendant. A petition

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

district where the property is located, verified by oath or

affirmation of an officer or citizen, containing the

forfeiture pursuant to this subsection and an averment of

material facts upon which the forfeiture action is based.

property be adjudged forfeited to the Commonwealth and

condemned and be ordered sold according to law, unless

cause be shown to the contrary.

(5) A copy of the petition required under paragraph (4)

shall be served personally or by certified mail on the owner

the property within 30 days from the service hereof, and

you are also notified that, if you fail to file the

answer, a decree of forfeiture and condemnation will be

entered against the property.

The notice shall be signed by the district attorney, deputy

district attorney or assistant district attorney.

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

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

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

the seizure cannot be personally served or located within the

proceedings shall equitably distribute the property between the

district attorney and the Office of Attorney General.

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

provide, through the controller, board of auditors or other

appropriate auditor and the district attorney, an annual audit

of all forfeited property and proceeds obtained under this

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

submitted to the Office of Attorney General. The county shall

report all forfeited property and proceeds obtained under this

section and the disposition thereof to the Office of Attorney

General by September 30 of each year.

or proceeds thereof obtained under this section. The report

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

forfeited property and the use made of unsold forfeited

property. The Office of Attorney General shall adopt procedures

and guidelines governing the release of information by the

district attorney to protect the confidentiality of forfeited

property or proceeds used in ongoing enforcement activities.

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

proceeds from forfeited property under this chapter shall be in

addition to any appropriation made to the Office of Attorney

Section 5. Section 7708 of Title 18 is repealed:

[§ 7708. Procedure with respect to seized property subject to

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

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

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

shall be the plaintiff and the property the defendant. The

Pennsylvania Rules of Civil Procedure shall apply to all

forfeiture proceedings brought under this chapter. A petition

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

district where the property is located, verified by oath or

forfeiture under section 7707 (relating to loss of property

rights to Commonwealth) and an averment of material facts

upon which the forfeiture action is based.

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

property be adjudged forfeited to the Commonwealth and

condemned and be ordered sold according to law unless cause

be shown to the contrary.

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

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

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

required to file an answer to this petition, stating your

title in and right to possession of the property within 30

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

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

forfeiture and condemnation will be entered against the

property.

The notice shall be signed by the Attorney General, Deputy

Attorney General, district attorney, deputy district attorney or

assistant district attorney.

(c) Substitute notice.--

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

where the property was seized once a week for two successive

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

any other law to the contrary notwithstanding.

(2) The notice shall:

property with a description of the property and the place

and date of seizure; and

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

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

Commonwealth.

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

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

the jurisdiction of the court if:

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

address by certified mail and is returned without a delivery.

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

made at the last known address.

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

address.

(e) Notice automatically waived.--

summarily forfeit to the Commonwealth.

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

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

enter a restraining order or injunction, require the

execution of a satisfactory performance bond or take any

other action to preserve the availability of property

described in section 7707 for forfeiture under this section

either:

indictment charging a violation of this chapter for which

information if, after notice to persons appearing to have

an interest in the property and an opportunity for a

hearing, the court determines that:

(A) There is a substantial probability that the

(B) The need to preserve the availability of the

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

(g) Temporary restraining order.--

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

may be entered upon application of the Commonwealth without

notice or opportunity for a hearing when an information or

indictment has not yet been filed with respect to the

property if the Commonwealth demonstrates that:

property with respect to which the order is sought would

be subject to forfeiture under this chapter; and

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

to an extension for a longer period.

(3) A hearing requested concerning an order entered

under this subsection shall be held at the earliest possible

time and prior to the expiration of the temporary order.

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

court may receive and consider at a hearing held under

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

inadmissible under the rules of evidence.

forfeiture under section 7706 (relating to presumptions), the

burden shall be upon the claimant to show that:

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

holder of a chattel mortgage or contract of conditional sale

thereon.

(2) The claimant lawfully acquired the property.

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

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

was unlawfully used or possessed by a person other than the

claimant, then the claimant must show that the unlawful use

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

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

possession to or claiming to be the holder of a chattel

mortgage or contract of conditional sale upon the property,

the disposition of which is provided for in this section,

prior to the sale presents a petition to the court alleging

over the property lawful ownership, right of possession, a

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

notice of which having been given to the Office of Attorney

General or the district attorney, the claimant proves by

competent evidence to the satisfaction of the court:

then the court may order the property returned or delivered

to the claimant.

(2) Such absence of knowledge or consent must be

reasonable under the circumstances presented. Otherwise, the

property shall be retained for official use or sold in

accordance with section 7707(f).]

Section 6. Section 927 of Title 30 is amended to read:

§ 927. Forfeiture of fish and devices.

(a) General rule.--A person convicted of an offense under

this title shall forfeit any fish seized under section 901(6)

58 (relating to asset forfeiture).

[(b) Disposition of confiscated property.--Any property

confiscated by the commission under this title shall be sold or

otherwise disposed of by the executive director. These

dispositions shall be recorded on the books of the commission.]

Section 7. Title 42 is amended by adding a chapter to read:

CHAPTER 58

ASSET FORFEITURE

5805. Interaction with the Federal Government.

§ 5801. Scope of criminal asset forfeiture.

(a) Certain forfeitures exempted.--Forfeitures of property

shall be conducted in accordance with this chapter, except for

forfeitures authorized by:

(1) Section 3 of the act of July 8, 1978 (P.L.792,

No.140), known as the Public Employee Pension Forfeiture Act.

(2) Section 6 of the act of April 6, 1980 (P.L.102,

No.39), entitled "An act restricting the acquisition by

certain aliens of an interest in agricultural lands."

sexually explicit images by minor);

(8) 27 Pa.C.S. § 6208 (relating to penalties);

(9) 37 Pa.C.S. § 511 (relating to criminal penalties);

(10) 42 Pa.C.S. § 6801.1 (relating to terrorism

forfeiture);

(11) 75 Pa.C.S. § 9405 (relating to forfeitures; process

and procedure).

(b) Contraband per se exempted.--Nothing in this chapter

shall be construed to apply to the forfeiture of contraband per

se, the possession of which is inherently unlawful. Such

forfeiture includes, but is not limited to, forfeiture of the

Code.

(3) unlawfully stamped cigarettes under section 307 of

the act of December 30, 2003 (P.L.441, No.64), known as the

Tobacco Product Manufacturer Directory Act.

(4) unstamped cigarettes under section 1285 of the act

of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971.

(c) Conflicting law superseded.--The procedures in this

chapter shall supersede any conflicting provisions of other

State laws.

regulation.

§ 5802. Criminal asset forfeiture in general.

(a) Criminal in form.--Unless otherwise provided,

forfeitures under this chapter are criminal.

(b) Forfeiture disfavored.--Forfeitures are not favored

under State law and any ambiguity in this chapter shall be

strictly construed against the Commonwealth.

(c) Forfeitures generally.--

(1) After a person is convicted of an offense for which

forfeiture is expressly authorized as a penalty, the

following shall be subject to forfeiture to the Commonwealth

(B) Bears a significant relationship to the

(2) No additional penalties, including, but not limited

to, personal money judgments, shall be authorized under this

chapter except as provided by section 5803(k) (relating to

process for criminal asset forfeiture). Any restitution made

to a victim using property forfeited under this chapter shall

serve to satisfy in part or in whole any restitution order

against the convicted person.

address of any real property, the exact dollar amount of

any money, negotiable instrument or security and the

make, model, year and license plate number of any

vehicle.

offense.

property in the commission of the offense or derivation

therefrom.

(g) Forfeiture phase of criminal proceeding.--After a person

is convicted on any count in an indictment or information for

may determine the extent of the convicted person's forfeitable

interest in the property before a preliminary order of

forfeiture is entered. The determination shall be subject to

amendments under section 5804 (relating to process for third-

party interest holders).

(i) Right to trial by jury.--

(1) At the forfeiture hearing, the defendant shall have

the right to trial by jury of the forfeiture.

(2) The defendant may waive this right while preserving

the right to trial by jury of the offense charged or other

charged or other sentencing issues.

(j) Excessive fines.--

(1) In order to enter a preliminary order of forfeiture

under section 5802(c)(1)(ii), the court must make a

determination that the forfeiture is not grossly

disproportional to the gravity of the underlying offense.

(2) The Commonwealth shall have the burden of

establishing proportionality by clear and convincing

evidence.

(3) The value of property forfeited shall be determined

by considering, among other factors:

penalty available for the offense upon which the

forfeiture is based.

pattern of criminal conduct.

upon which the forfeiture is based.

(k) Forfeiture of substitute property.--

(1) After entering a preliminary order of forfeiture,

the court may order the forfeiture of substitute property up

to the value of the property subject to the order, if the

sold or deposited the property to avoid the court's

jurisdiction.

convicted person.

(2) No codefendant shall be subject to joint and several

liability for forfeiture judgments owed by other defendants

under this subsection.

§ 5804. Process for third-party interest holders.

(a) Notice to third parties.--After the court enters a

preliminary order of forfeiture, the Commonwealth shall send

notice to any person who reasonably appears to be a potential

property subject to the preliminary order of forfeiture.

(3) Bona fide purchasers for value of the property

subject to the preliminary order of forfeiture.

(4) Obligees of court-ordered child support from the

convicted person.

(5) Claimants of employment-related compensation from

the convicted person.

(b) Contents of notice.--Notice shall include:

(1) A description of the specific property subject to

the preliminary order of forfeiture including, but not

of any vehicle.

(2) A statement that either:

within 60 days of the date of receipt of certified mail

or personal service; or

contesting forfeiture must be filed within 60 days of the

date of final publication of substitute notice;

(3) A statement describing the required contents of a

petition contesting forfeiture as set forth in subsection

(h).

personally or by certified mail on the potential claimant.

(d) Substitute notice.--If a potential claimant cannot be

personally served or located within the jurisdiction of the

court, notice of the petition shall be provided by the

Commonwealth through an advertisement reasonably calculated to

provide notice to the potential claimant:

(1) in a newspaper of general circulation published in

the county where the property was seized, once a week for two

successive weeks; and

(2) on the publicly accessible Internet website of the

cannot be located in the jurisdiction of the court if:

(1) A copy of the petition is mailed to the potential

claimant's last known address by certified mail and is

returned without delivery.

(2) Personal service is attempted once, but cannot be

made at the last known address.

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

address.

(f) Proof of notice.--The Commonwealth shall file proof of

notice with the court. No forfeiture order shall be final until

the court finds that such proof satisfies the notice

the case such service fails, the date of final publication of

substitute notice, petition the court for a hearing to

adjudicate the validity of the person's alleged interest in the

property.

(h) Contents of third-party claimant petition.--The petition

shall:

(1) Be signed by the petitioner under penalty of

perjury.

(2) Describe the nature and extent of the petitioner's

right, title or interest in the property, the time and

(3) Identify the relief sought, which may include, but

need not be limited to:

interest in the forfeited property;

the forfeited property;

subject to a lien in favor of the State to the extent of

the forfeitable interest;

petitioner shall have a right to a jury trial.

(2) The hearing on the petition shall, to the extent

practicable and consistent with the interests of justice, be

held within 30 days of the filing of the petition. The court

may consolidate the hearing on the petition with a hearing on

any other petition filed under this subsection related to the

same underlying offense.

(3) At the hearing, the petitioner may testify and

present evidence and witnesses on the petitioner's own

behalf, and cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at

the hearing, the court shall consider any relevant portions

of the record of the criminal case that resulted in the order

of forfeiture.

(4) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence

that:

interest in the property and such right, title or

interest renders the preliminary order of forfeiture

invalid in whole or in part because the right, title or

value of the right, title or interest in the property and

was at the time of purchase reasonably without cause to

believe that the property was subject to forfeiture under

this section.

The court shall amend the order of forfeiture in accordance

with its determination.

(j) Entering a final order.--

(1) When the ancillary proceeding ends, the court shall

enter a final order of forfeiture by amending the preliminary

order as necessary to account for any third-party rights or

§ 5805. Interaction with the Federal Government.

(a) Prohibition on adoptive seizures.--State law enforcement

authorities shall not refer seized property to a Federal agency

seeking the adoption by the Federal agency of the seized

property. Nothing in this chapter shall be construed to prohibit

the Federal Government, or any of its agencies, from seeking

Federal forfeiture.

(b) Sharing of seized property.--All property, money or

other things of value received by a State law enforcement

authority under Federal law which authorizes the sharing or

transfer of all or a portion of forfeited property or the

property or proceeds of the sale of forfeited property shared or

transferred under Federal law.

(c) Civil and criminal liability.--Any law enforcement

authority that violates subsection (a) is civilly liable to the

State for three times the amount of the forfeiture diverted and

for costs of suit and reasonable attorney fees. Any damages

awarded to the State shall be paid to the State Treasury to the

credit of the General Fund. Any agent, including a State law

enforcement officer who is detached to, deputized or

commissioned by, or working in conjunction with a Federal law

subsection (b) and knowingly fails to transfer such property in

accordance with that subsection is guilty of a misdemeanor of

the second degree.

Section 8. Sections 6801 and 6802(a), (f), (j) and (k) of

Title 42 are amended to read:

§ 6801. Controlled substances forfeiture.

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

to forfeiture to the Commonwealth and no property right shall

exist in them:

(1) All drug paraphernalia, controlled substances or

other drugs which have been manufactured, distributed,

any controlled substance or other drug in violation of The

Controlled Substance, Drug, Device and Cosmetic Act.

(3) All property which is used, or intended for use, as

a container for property described in paragraph (1) or (2).

(4) All conveyances, including aircraft, vehicles or

vessels, which are used or are intended for use to transport,

or in any manner to facilitate the transportation, sale,

receipt, possession or concealment of, property described in

paragraph (1) or (2), except that:

person in charge of such conveyance was a consenting

party or privy to a violation of The Controlled

Substance, Drug, Device and Cosmetic Act;

provisions of this section by reason of any act or

omission established by the owner thereof to have been

committed or omitted without his knowledge or consent,

which absence of knowledge or consent must be reasonable

under the circumstances presented;

acquired under 13 Pa.C.S. (relating to commercial code)

forfeiture or impairment; and

section for violation of section 13(a)(31) of The

Controlled Substance, Drug, Device and Cosmetic Act.

(5) All books, records and research, including formulas,

microfilm, tapes and data, which are used or intended for use

in violation of The Controlled Substance, Drug, Device and

Cosmetic Act.

(6) (i) All of the following:

(A) Money, negotiable instruments, securities or

[6801(a) or] 6801.1(a) for forfeiture under this section either:

(1) upon the filing of an information or an indictment

charging an offense in this Commonwealth for which criminal

forfeiture may be ordered under this chapter and alleging

that the property with respect to which the order is sought

would be subject to forfeiture; or

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

information, if, after notice to persons appearing to have an

interest in the property and an opportunity for a hearing,

the court determines that:

property through the entry of the requested order

outweighs the hardship on any party against whom the

order is to be entered.

However, an order entered pursuant to this paragraph shall be

effective for not more than 90 days unless extended by the

court for good cause shown or unless an indictment or

information described in paragraph (1) has been filed.

* * *

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

the Commonwealth produces evidence that the property in question

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

the holder of a chattel mortgage or contract of conditional

sale thereon.

(2) That the claimant lawfully acquired the property.

(3) That it was not unlawfully used or possessed by him.

In the event that it shall appear that the property was

unlawfully used or possessed by a person other than the

claimant, then the claimant shall show that the unlawful use

or possession was without his knowledge or consent. Such

absence of knowledge or consent must be reasonable under the

circumstances presented.

possession, a lien or reservation of title and if, upon public

hearing, due notice of which having been given to the Attorney

General or the district attorney, the claimant shall prove by

competent evidence to the satisfaction of the court that the

property was lawfully acquired, possessed and used by him or, it

appearing that the property was unlawfully used by a person

other than the claimant, that the unlawful use was without the

claimant's knowledge or consent, then the court may order the

property returned or delivered to the claimant. Such absence of

knowledge or consent must be reasonable under the circumstances

and (j) and 9406 of Title 75 are amended to read:

§ 4909. Transporting foodstuffs in vehicles used to transport

* * *

(c) Vehicle forfeiture.--Any vehicle or conveyance used in

the commission of an offense under this section shall be deemed

contraband and forfeited [to the Department of Environmental

Resources. The provisions of law relating to the seizure,

summary and judicial forfeiture, and condemnation of

intoxicating liquor shall apply to seizures and forfeitures

under this section. Proceeds from the sale of forfeited vehicles

forfeiture to the Commonwealth and no property right shall exist

in them:

(1) Any liquid fuels or fuels produced in or imported

into this Commonwealth by any distributor who does not

possess a valid liquid fuels tax permit or fuels permit as

required by section 9003 (relating to liquid fuels and fuels

permits; bond or deposit of securities), except liquid fuels

or fuels imported in barrels, drums or similar containers

with a capacity of not more than 55 gallons in each barrel,

drum or container.

carrier in the transaction of business as a common

carrier is subject to forfeiture under this section

unless it appears that the owner or other person in

charge of the conveyance is a consenting party or privy

to a violation of Chapter 90 (relating to liquid fuels

and fuels tax); and

acquired under Title 13 (relating to commercial code) by

any merchant dealing in new or used vehicles or vessels,

or retained or acquired by any licensed or regulated

(b) Method of seizure.--[Property] Liquid fuels or fuels

subject to forfeiture under this section may be seized by the

Department of Revenue upon process issued by any court of common

pleas having jurisdiction over the property. Seizure without

process may be made if the seizure is incident to an inspection

or arrest for a violation of this chapter or Chapter 90.

(c) Limit on return of [property] liquid fuels or fuels.--

(1) No [property] liquid fuels or fuels seized in

accordance with this section, when in the custody of the

Department of Revenue, shall be seized or taken therefrom by

(d) In rem proceedings.--The proceedings for the forfeiture

of any liquid fuels or fuels [or conveyances] seized under this

section shall be in rem. The Commonwealth shall be the plaintiff

and the property shall be the defendant. A petition shall be

filed, within five days after seizure, in the court of common

pleas of the county in which the property was seized by revenue

agents of the Department of Revenue, verified by oath or

affirmation of any revenue agent. In the event that the petition

is not filed within the time prescribed herein, the seized

property shall be immediately returned to the person from whom

seized or the owner thereof.

burden by a preponderance of the evidence or the claimant has

proved that he is not subject to the provisions of this section,

the court shall order the property returned to the claimant;

otherwise, the court shall order the property forfeited to the

Commonwealth. [In the case of a motor vehicle, vessel or

conveyance, should the claimant prove to the satisfaction of the

court that he is the registered owner of the motor vehicle,

vessel or conveyance and that he did not know or have reason to

know that it was being used to transport liquid fuels or fuels

in violation of the provisions of section 9404 (relating to

discretion may order the motor vehicle, vessel or conveyance

returned to the claimant.

(j) Encumbered motor vehicle.--In the case of a motor

vehicle, should the claimant prove that he holds a valid

encumbrance upon such motor vehicle, notice of which encumbrance

has been duly noted on the certificate of title to the motor

vehicle in accordance with the provisions of Chapter 11

(relating to certificate of title and security interests), the

forfeiture shall be subject to such encumbrance as of the date

of the seizure less prepaid or unearned interest. Before the

motor vehicle may be sold, exchanged or otherwise transferred or

claimant in conducting such sale.]

§ 9406. Disposition of fines and forfeitures.

All fines imposed under this chapter and the net proceeds

received from the sale of forfeited [property] liquid fuels or

fuels shall be payable to the Commonwealth and credited to the

Motor License Fund.

Section 10. Notwithstanding any other provision of law to

the contrary, the following forfeitures shall be conducted in

accordance with 42 Pa.C.S. Ch. 58:

(1) The forfeiture of property specified in section 1 of

possession or transportation of which is in violation of

law."

(2) The seizure of property specified in sections 211(a)

(3) and 601 of the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code.

(3) The forfeiture of property specified in section 1285

of the act of March 4, 1971 (P.L.6, No.2), known as the Tax

Reform Code of 1971.

(4) The forfeiture of property specified in section 614

of the act of July 7, 1980 (P.L.380, No.97), known as the

Solid Waste Management Act.

home rule charter to enforce ordinances, rules and

regulations prohibiting dumping or disposal of waste, trash

or debris."

Section 11. Repeals are as follows:

(a) The General Assembly finds that the repeals under

subsections (b) and (c) are necessary to effectuate the addition

of 42 Pa.C.S. Ch. 58.

(b) Sections 602 and 603(a) and (b) of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, are repealed to

the extent of any inconsistency with this act.

(P.L.263, No.121), entitled "An act providing for the

forfeiture and condemnation of vehicles used to store,

possess or transport narcotics or drugs, the possession or

transportation of which is in violation of law."

(2) Section 603(c) of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code.

(3) Section 1285(f), (g), (h), (i), (j), (k), (l), (m)

and (n) of the act of March 4, 1971 (P.L.6, No.2), known as

the Tax Reform Code of 1971.