THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARPER, CREIGHTON, DeLUCA, GEIST, HENNESSEY, HESS, HORNAMAN, MURT, PASHINSKI, PEIFER, VEREB AND WATSON, MAY 10, 2011

REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2011  

AN ACT

Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and

Judicial Procedure) of the Pennsylvania Consolidated

Statutes, providing for the offense and consequences of

possession of a vehicle with false compartments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 18 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 907.1.  Possession of a vehicle with false compartments.

(a)  Offense defined.--Notwithstanding any other provision of

law:

(1)  Any person who, acting with an unlawful purpose,

knowingly owns, operates or possesses a motor vehicle which

contains a false or secret compartment with the intent to

store, conceal, camouflage, hide, smuggle, transport or

prevent discovery of a person, controlled substance, firearm,

weapon or other contraband within the false compartment

commits a misdemeanor of the first degree.

(2)  Any person who, acting with an unlawful purpose,

knowingly designs, assembles, constructs, builds, alters,

fabricates, attaches, fortifies, installs, places, causes to

be placed or maintains a false compartment in a motor vehicle

with the intent to store, conceal, camouflage, hide, smuggle,

transport or prevent discovery of a person, controlled

substance, firearm, weapon or other contraband within the

false compartment commits a misdemeanor of the second degree.

(b)  Defense prohibited.--It shall not be a defense under

this section that the false or secret compartment was inoperable

or was not actually triggered, or that its existence or location

was known to a law enforcement officer or another person.

(c)  Intent.--For the purpose of this section, a person's

intention to use a false or secret compartment to conceal the

contents of the compartment from a law enforcement officer shall

be inferred from factors including the discovery of a person,

controlled substance, firearm, weapon or other contraband within

the false or secret compartment, or from the discovery of

evidence of the previous placement of a person, controlled

substance, firearm, weapon or other contraband within the false

or secret compartment.

(d)  Penalty.--In addition to any other applicable penalty,

any person convicted of a violation of this section shall be

subject to a license suspension of one year for a first offense

and two years for a second or subsequent offense.

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

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

subsection unless the context clearly indicates otherwise:

"False or secret compartment."  Any box, container, space or

enclosure that is intended or designed to store, conceal,

camouflage, hide, smuggle, transport or prevent discovery of a

person, controlled substance, firearm, weapon or contraband

within or attached to the motor vehicle, such as any of the

following:

(1)  False, altered or modified fuel tanks.

(2)  Original factory equipment modified, altered or

changed.

(3)  Compartment, space or box that is added to or

fabricated, made or created using existing compartments,

spaces or boxes within the vehicle.

"License."  Any driver's license issued in accordance with 75

Pa.C.S. (relating to vehicles), including a commercial driver's

license as defined under 75 Pa.C.S. § 1603 (relating to

definitions).

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

§ 6801.2.  Possession of a vehicle with false compartments.

(a)  Forfeiture.--

(1)  Except as set forth in paragraph (2), a vehicle used

in the commission of an offense under 18 Pa.C.S. § 907.1

(relating to possession of a vehicle with false compartments)

shall be subject to forfeiture to the Commonwealth; and no

property right shall exist in the vehicle.

(2)  The following apply:

(i)  A vehicle used by a common carrier in the

transaction of business as a common carrier shall not be

forfeited unless the Commonwealth establishes that the

owner or other person in charge of the conveyance was a

consenting party or privy to the offense.

(ii)  A vehicle shall not be forfeited if the owner

of the vehicle establishes that the offense was committed

without the owner's knowledge or consent.

(b)  Process and seizures.--A vehicle subject to forfeiture

under this section may be seized by the law enforcement

authority upon process issued by a court of common pleas having

jurisdiction over the vehicle. Seizure without process may be

made if any of the following apply:

(1)  The seizure is incident to an arrest, a search under

a search warrant or an inspection under an administrative

inspection warrant.

(2)  The vehicle has been the subject of a prior judgment

in favor of the Commonwealth in a criminal injunction or

forfeiture proceeding under this chapter.

(3)  There is probable cause to believe that the vehicle

has been or is intended to be used in the commission of an

offense under 18 Pa.C.S. § 907.1.

(c)  Seizure without process.--If seizure is made without

process, proceedings for the issuance of process shall be

instituted immediately.

(d)  Custody.--A vehicle taken or detained under this section

shall not be subject to replevin but is deemed to be in the

custody 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 or the Attorney General. When a vehicle is seized under

this section, the law enforcement authority shall place the

vehicle under seal and either:

(1)  remove it to a place determined by the law

enforcement authority; or

(2)  request that the district attorney or Attorney

General take custody of it and remove it to an appropriate

location for disposition in accordance with law.

(e)  Use of vehicle held in custody.--When a vehicle is

forfeited under this section, it shall be transferred to the

custody of the district attorney if the law enforcement

authority seizing the vehicle has local or county jurisdiction

or of the Attorney General if the law enforcement authority

seizing the vehicle has Statewide jurisdiction. The district

attorney or the Attorney General, where appropriate, may:

(1)  Retain the vehicle for official use.

(2)  Sell the vehicle. The proceeds from the sale shall

be used to pay all proper expenses of the proceedings for

forfeiture and sale, including expenses of seizure,

maintenance of custody, advertising and court costs. The

balance of the proceeds shall be dealt with under subsections

(f) and (g).

(f)  Use of proceeds.--Proceeds under subsection (e)(2) shall

be placed in the operating fund of the county in which the

district attorney is elected. The appropriate county authority

shall immediately release from the operating fund, without

restriction, that amount for the use of the district attorney in

enforcing the criminal laws of the Commonwealth of Pennsylvania.

The entity having budgetary control shall not anticipate future

forfeitures or proceeds from forfeiture in adoption and approval

of the budget for the district attorney.

(g)  Distribution among law enforcement authorities.--If both

municipal and State law enforcement authorities were

substantially involved in effecting the seizure, the court

having jurisdiction over the forfeiture proceedings shall order

a sale of the vehicle and equitable distribution of proceeds

between the district attorney and the Attorney General.

(h)  Annual audit.--Every county shall provide, through the

controller, board of auditors or other appropriate auditor and

the district attorney, an annual audit of all forfeited vehicles

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 vehicles and

proceeds obtained under this section and the disposition of them

to the Attorney General by September 30 of each year.

(i)  Annual report; confidential information regarding

vehicles.--The Attorney General shall annually submit a report

to the Appropriations Committee and Judiciary Committee of the

Senate and the Appropriations Committee and Judiciary Committee

of the House of Representatives specifying the forfeited

vehicles or proceeds obtained under this section. The report

shall give an accounting of all proceeds derived from the sale

of forfeited vehicles and the use made of unsold forfeited

vehicles. The Attorney General shall adopt procedures and

guidelines governing the release of information by the district

attorney to protect the confidentiality of forfeited vehicles or

proceeds used in ongoing law enforcement activities.

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

proceeds from vehicles forfeited under this section shall be in

addition to any appropriation made to the Office of Attorney

General.

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