S0008B0719A00986 PWK:CDM 04/21/17 #90 A00986
AMENDMENTS TO SENATE BILL NO. 8
Sponsor: SENATOR STREET
Printer's No. 719
Amend Bill, page 25, by inserting between lines 15 and 16
5806.3. Representation.
Amend Bill, page 46, by inserting between lines 27 and 28
ยง 5806.3. Representation.
Notwithstanding the act of December 2, 1968 (P.L.1144,
No.358), known as the Public Defender Act, the following shall
apply:
(1) If a person with standing to contest the forfeiture
of property in a civil forfeiture proceeding under this
chapter is financially unable to obtain representation by an
attorney and the property subject to forfeiture is real
property, the court, at the request of the person, shall
ensure that the person is represented by an attorney with
respect to the claim.
(2) If a person who has not been charged in a related
criminal case and who has standing to contest the forfeiture
of property in a civil forfeiture proceeding under this
chapter is financially unable to obtain representation by an
attorney, the court may authorize an attorney to represent
that person with respect to the claim.
(3) In determining whether to authorize an attorney to
represent a person under this section, the court shall take
into account the following factors:
(i) the person's standing to contest the forfeiture;
and
(ii) whether the claim appears to be made in good
faith.
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