PRINTER'S NO. 3009
No. 2313 Session of 1982
INTRODUCED BY MORRIS AND SHOWERS, MARCH 3, 1982
REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 3, 1982
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, providing for the forfeiture of vehicles used in
3 the commission of the offense of driving under the influence
4 of alcohol or controlled substance.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 75, act of November 25, 1970 (P.L.707,
8 No.230), known as the Pennsylvania Consolidated Statutes, is
9 amended by adding a section to read:
10 § 3731.1. Forfeiture of vehicle.
11 (a) Vehicle considered contraband.--No property rights shall
12 exist in any vehicle which is used to commit a violation of
13 section 3731 (relating to driving under influence of alcohol or
14 controlled substance). The vehicle shall be deemed contraband,
15 shall be confiscated and shall be delivered to agents of the
16 department.
17 (b) Disposition of vehicle.--The department shall dispose of
18 vehicles confiscated under the provisions of this section by the
1 sale of the vehicles through the Department of Revenue pursuant
2 to regulations promulgated by the Department of Revenue.
3 (c) Commencement of proceedings.--The proceedings for the
4 forfeiture of a vehicle shall be in rem. The Commonwealth shall
5 be the plaintiff and the vehicle shall be the defendant. A
6 petition shall be filed within five days after confiscation in
7 the court of common pleas of the county in which the vehicle was
8 taken by the police or other authorized peace officer, verified
9 by oath or affirmation of any police officer or other proper
10 person. In the event that the petition is not filed within the
11 time prescribed in this section, the vehicle shall be
12 immediately returned to the person from whom confiscated or to
13 the owner of the vehicle.
14 (d) Contents of petition.--The petition shall contain the
15 following:
16 (1) The description of the vehicle seized.
17 (2) A statement of the time and place of seizure.
18 (3) The name and address of the owner, if known.
19 (4) The name and address of the person in possession, if
20 known.
21 (5) The statement of the circumstances under which the
22 arrest for violating section 3731 was made.
23 (6) A request for an order forfeiting the vehicle to the
24 Commonwealth unless cause be shown to the contrary.
25 (e) Service of petition.--A copy of the petition shall be
26 served in any manner provided by law for service of process or
27 complaint in an action in assumpsit on the owner if he can be
28 found within this Commonwealth. If the owner cannot be found
29 within this Commonwealth, a copy of the petition shall be served
30 on the owner by registered mail or certified mail, return
19820H2313B3009 - 2 -
1 receipt requested, addressed to the last known address of the
2 owner. The person in possession and all encumbrance holders
3 having a perfected security interest in the property confiscated
4 shall be notified in a like manner. The copies shall have
5 endorsed thereon a notice substantially similar to the
6 following:
7 To the claimant of the within vehicle: You are required
8 to file an answer to this petition setting forth your title
9 in and right to possession of said vehicle, within 20 days
10 from the service hereof, and you are also notified that if
11 you fail to file said answer, a decree of forfeiture will be
12 entered against said vehicle.
13 (f) Signing of notice.--The notice shall be signed by the
14 petitioner or his attorney or the district attorney or Attorney
15 General.
16 (g) Advertisement.--If the owner of the vehicle is unknown,
17 notice of the petition shall also be given by an advertisement
18 in only one newspaper of general circulation published in the
19 county where the vehicle was seized once a week for two
20 successive weeks. No other advertisement of any sort shall be
21 necessary any other law to the contrary notwithstanding. The
22 notice shall contain a statement of the seizure of the vehicle,
23 with the description thereof, and the place and date of seizure
24 and shall direct any claimants thereof to file a claim therefor
25 on or before a date given in the notice which shall not be less
26 than ten days from the date of the last publication.
27 (h) Claim for vehicle.--Upon the filing of any claim for the
28 vehicle setting forth a right of possession thereof, the case
29 shall be deemed at issue and a hearing shall be held within five
30 days thereof.
19820H2313B3009 - 3 -
1 (i) Conduct of hearing.--The claimant shall have the burden
2 of proving that he is not subject to the provisions of this
3 section but the burden of proof shall be upon the Commonwealth
4 to prove all other facts necessary for the forfeiture of a
5 vehicle. In the event that the Commonwealth has not met its
6 burden by a preponderance of the evidence or the claimant has
7 proved that he is not subject to the provisions of this section,
8 the court shall order the vehicle returned to the claimant;
9 otherwise, the court shall order the same forfeited to the
10 Commonwealth. If the claimant proves to the satisfaction of the
11 court that he is the registered owner of the vehicle and that he
12 did not know, nor had reason to know, that it was being used to
13 commit a violation of section 3731, the court, in its
14 discretion, may order the vehicle returned to the claimant.
15 (j) Divesting of liens.--Forfeiture of a vehicle to the
16 Commonwealth shall act to divest any liens or encumbrances upon
17 the vehicle.
18 Section 2. This act shall take effect in 60 days and shall
19 apply to violations occurring thereafter.
B24L75WMB/19820H2313B3009 - 4 -