PRINTER'S NO. 1378
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1155
Session of
2017
INTRODUCED BY HARPER, McCLINTON, MILLARD, READSHAW, DIAMOND,
FREEMAN, GILLEN, KINSEY, SOLOMON, BULLOCK, V. BROWN, RYAN AND
SIMS, APRIL 12, 2017
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 2017
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in forfeitures, providing
for forfeiture of real property.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 42 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 6803. Forfeiture of real property.
(a) General rule.--Notwithstanding any other provision of
law to the contrary, real property may be seized prior to the
entry of an order of forfeiture if the following occur:
(1) The government notifies the court that it intends to
seize the property before a hearing.
(2) The court does the following:
(i) issues a notice of application for warrant,
causes the notice to be served on the property owner and
posted on the property and conducts a hearing in which
the property owner has a meaningful opportunity to be
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heard; or
(ii) makes an ex parte determination that there is
probable cause for the forfeiture and that there are
exigent circumstances that permit the government to seize
the property without prior notice and an opportunity for
the property owner to be heard.
(3) For purposes of this subsection, to establish
exigent circumstances, the Commonwealth may show by evidence
satisfactory to the court that less restrictive measures,
including a lis pendens, restraining order or bond, would not
suffice to protect the Commonwealth's interests in preventing
the sale, destruction or continued unlawful use of the real
property.
(b) Postseizure hearing.--If the court authorizes a seizure
of real property under subsection (a)(2)(ii), it shall conduct a
prompt postseizure hearing during which the property owner shall
have an opportunity to contest the basis for the seizure.
(c) Appointment of counsel.--An owner of real property
against which a petition for forfeiture under section 6802
(relating to procedure with respect to seized property subject
to liens and rights of lienholders) has been filed and who is
not charged with an offense underlying its forfeitability may
request the appointment of counsel. The court shall appoint
counsel if it finds that the claimant is financially unable to
obtain counsel and that the property is being used as a primary
residence by the person or immediate family members who have not
been charged with the offense.
(d) Exception.--Except as provided in this section:
(1) Real property that is the subject of a civil
forfeiture action shall not be seized before entry of an
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order of forfeiture.
(2) The owners or occupants of the real property shall
not be evicted from, or otherwise deprived of the use and
enjoyment of, real property that is the subject of a pending
forfeiture action.
(e) Applicability.--The following shall apply:
(1) This section applies only to civil forfeitures of
real property and interests in real property.
(2) This section does not apply to forfeitures of the
proceeds of the sale of the property or interests, or of
money or other assets intended to be used to acquire the
property or interests.
(3) This section shall not affect the authority of the
court to enter a restraining order relating to real property.
(4) The filing of a lis pendens and the execution of a
writ of entry for the purpose of conducting an inspection and
inventory of the property shall not be considered a seizure
under this subsection.
Section 2. This act shall take effect in 60 days.
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