PRIOR PRINTER'S NO. 144 PRINTER'S NO. 794
No. 147 Session of 1997
INTRODUCED BY SALVATORE, JANUARY 21, 1997
SENATOR HECKLER, LAW AND JUSTICE, AS AMENDED, MARCH 18, 1997
AN ACT
1 Amending the act of April 12, 1951 (P.L.90, No.21), entitled, as
2 reenacted, "An act relating to alcoholic liquors, alcohol and
3 malt and brewed beverages; amending, revising, consolidating
4 and changing the laws relating thereto; regulating and
5 restricting the manufacture, purchase, sale, possession,
6 consumption, importation, transportation, furnishing, holding
7 in bond, holding in storage, traffic in and use of alcoholic
8 liquors, alcohol and malt and brewed beverages and the
9 persons engaged or employed therein; defining the powers and
10 duties of the Pennsylvania Liquor Control Board; providing
11 for the establishment and operation of State liquor stores,
12 for the payment of certain license fees to the respective
13 municipalities and townships, for the abatement of certain
14 nuisances and, in certain cases, for search and seizure
15 without warrant; prescribing penalties and forfeitures;
16 providing for local option, and repealing existing laws,"
17 further providing for the disposition of forfeited property.
18 The General Assembly of the Commonwealth of Pennsylvania
19 hereby enacts as follows:
20 Section 1. Sections 602 and 603 of the act of April 12, 1951
21 (P.L.90, No.21), known as the Liquor Code, reenacted and amended
22 June 29, 1987 (P.L.32, No.14), are amended to read:
23 Section 602. Forfeiture Proceedings.--(a) The proceedings
24 for the forfeiture or condemnation of all property shall be in
25 rem, in which the Commonwealth shall be the plaintiff and the
1 property the defendant. A petition shall be filed in the court
2 of common pleas, verified by oath or affirmation of any officer
3 or citizen, containing the following: (1) a description of the
4 property so seized; (2) a statement of the time and place where
5 seized; (3) the owner, if known; (4) the person or persons in
6 possession, if known; (5) an allegation that the same had been
7 possessed or used or was intended for use in violation of this
8 act; (6) and, a prayer for an order of forfeiture that the same
9 be adjudged forfeited to the Commonwealth, unless cause be shown
10 to the contrary.
11 (b) A copy of said petition shall be served personally on
12 said owner if he can be found within the jurisdiction of the
13 court, or upon the person or persons in possession at the time
14 of the seizure thereof. Said copy shall have endorsed thereon a
15 notice as follows:
16 "To the Claimant of Within Described Property: You are
17 required to file an answer to this petition, setting forth your
18 title in and right to possession of said property, within
19 fifteen (15) days from the service hereof; and you are also
20 notified that if you fail to file said answer, a decree of
21 forfeiture and condemnation will be entered against said
22 property."
23 Said notice shall be signed by petitioner or his attorney, or
24 the district attorney or the Attorney General.
25 (c) If the owner of said property is unknown or outside the
26 jurisdiction of the court and there was no person in possession
27 of said property when seized, or such person so in possession
28 cannot be found within the jurisdiction of the court, notice of
29 said petition shall be given by an advertisement in only one
30 newspaper of general circulation published in the county where
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1 such property shall have been seized, once a week for two (2)
2 successive weeks. No other advertisement of any sort shall be
3 necessary, any other law to the contrary notwithstanding. Said
4 notice shall contain a statement of the seizure of said
5 property, with a description thereof, the place and date of
6 seizure, and shall direct any claimants thereof to file a claim
7 therefor on or before a date given in said notice, which date
8 shall not be less than ten (10) days from the date of the last
9 publication.
10 (d) Upon the filing of any claim for said property, setting
11 forth a right of possession thereof, the case shall be deemed at
12 issue and a time be fixed for the hearing thereof.
13 (e) At the time of said hearing, if the Commonwealth shall
14 produce evidence that the property in question was unlawfully
15 possessed or used, the burden shall be upon the claimant to show
16 (1) that he is the owner of said property, (2) that he lawfully
17 acquired the same, and (3) that it was not unlawfully used or
18 possessed.
19 In the event such claimant shall prove by competent evidence
20 to the satisfaction of the court that said liquor, alcohol or
21 malt or brewed beverage, or still, equipment, material, utensil,
22 vehicle, boat, vessel, container, animal or aircraft was
23 lawfully acquired, possessed and used, then the court may order
24 the same returned or delivered to the claimant; but if it
25 appears that said liquor, alcohol or malt or brewed beverage or
26 still, equipment, material or utensil was unlawfully possessed
27 or used, the court shall order the same destroyed, delivered to
28 [a hospital] or nonprofit home AN ENTITY THAT THE COURT DEEMS <--
29 APPROPRIATE, or turned over to the board or enforcement bureau,
30 as hereinafter provided, or if it appears that said vehicle,
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1 boat, vessel, container, animal or aircraft was unlawfully
2 possessed or used, the court may, in its discretion, adjudge
3 same forfeited and condemned as hereinafter provided.
4 (f) For the purpose of this section, a "nonprofit home" <--
5 shall mean a facility which is responsible for the overall care
6 and well-being of a person who is housed within that facility on
7 a full-time basis. This care should include medical well-being
8 and monitoring which could result in treatment for health
9 purposes within the nonprofit housing facility or in a nonprofit
10 hospital.
11 Section 603. Disposition of Forfeited Property.--If, upon
12 petition as hereinbefore provided and hearing before the court
13 of common pleas, it appears that any liquor, alcohol, or malt or
14 brewed beverage or still, equipment, material or utensil was so
15 illegally possessed, or used, such liquor, alcohol or malt or
16 brewed beverage or still, equipment, material or utensil shall
17 be adjudged forfeited and condemned, or if it appears that any
18 vehicle, boat, vessel, container, animal or aircraft was so used
19 in the illegal manufacture or transportation of liquor, alcohol
20 or malt or brewed beverage, such property may, in the discretion
21 of the court, be adjudged forfeited and condemned and in such
22 case shall be disposed of as follows:
23 (a) Upon conviction of any person of a violation of any of
24 the provisions of this act, the court shall order the [sheriff]
25 enforcement bureau to destroy all condemned liquor, alcohol or
26 malt or brewed beverage and property seized or obtained from
27 such defendants, except that the court may order the liquor,
28 alcohol or malt or brewed beverages, or any part thereof, to be
29 delivered to [a hospital] or nonprofit home AN ENTITY THAT THE <--
30 COURT DEEMS APPROPRIATE for its use, and make return to the
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1 court of compliance with said order, and any vehicle, container,
2 boat, vessel, animals or aircraft seized under the provisions of
3 this act shall be disposed of as hereinafter provided.
4 (b) In any case in which the defendant is acquitted of a
5 violation of this act and denies the ownership or possession
6 thereof, or no claimant appears for same, or appearing, is
7 unable to sustain claim thereof, the court shall order all
8 condemned liquor, alcohol and malt or brewed beverages and
9 property (except vehicles, boats, vessels, containers, animals
10 and aircraft) publicly destroyed by the [sheriff] enforcement
11 bureau, except that the court may order the liquor, alcohol or
12 malt or brewed beverages, or any part thereof, to be delivered
13 to [a hospital] or nonprofit home AN ENTITY THAT THE COURT DEEMS <--
14 APPROPRIATE for its use. Return of compliance with said order
15 shall be made by the [sheriff] enforcement bureau to the court.
16 (c) In the case of any vehicle, boat, vessel, container,
17 animal or aircraft seized under the provisions of this act and
18 condemned, the court shall order the same to be delivered to the
19 enforcement bureau for its use or for sale or disposition by the
20 bureau, in its discretion. Notice of such sale shall be given in
21 such manner as the bureau may prescribe. The proceeds of such
22 sale shall be paid into the State Stores Fund.
23 (d) For the purpose of this section, a "nonprofit home" <--
24 shall mean a facility which is responsible for the overall care
25 and well-being of a person who is housed within that facility on
26 a full-time basis. This care should include medical well-being
27 and monitoring which could result in treatment for health
28 purposes within the nonprofit housing facility or in a nonprofit
29 hospital.
30 Section 2. This act shall take effect in 60 days.
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