PRINTER'S NO. 1455
No. 1160 Session of 1985
INTRODUCED BY BELL, OCTOBER 16, 1985
REFERRED TO JUDICIARY, OCTOBER 16, 1985
AN ACT
1 Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2 "An act relating to the manufacture, sale and possession of
3 controlled substances, other drugs, devices and cosmetics;
4 conferring powers on the courts and the secretary and
5 Department of Health, and a newly created Pennsylvania Drug,
6 Device and Cosmetic Board; establishing schedules of
7 controlled substances; providing penalties; requiring
8 registration of persons engaged in the drug trade and for the
9 revocation or suspension of certain licenses and
10 registrations; and repealing an act," further providing for
11 forfeitures.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Sections 28(a)(6) and (d) and 29(e) of the act of
15 April 14, 1972 (P.L.233, No.64), known as The Controlled
16 Substance, Drug, Device and Cosmetic Act, added or amended
17 December 14, 1984 (P.L.988, No.200), are amended to read:
18 Section 28. Forfeiture.--(a) The following shall be subject
19 to forfeiture to the Commonwealth and no property right shall
20 exist in them:
21 * * *
22 (6) (i) [Consideration as follows] All of the following:
1 (A) Money, negotiable instruments, securities or other
2 things of value furnished or intended to be furnished by any
3 person in exchange for a controlled substance in violation of
4 this act and all proceeds traceable to such an exchange.
5 [(B) Proceeds traceable to such an exchange.]
6 (C) Money, negotiable instruments and securities used or
7 intended to be used to facilitate any violation of this act.
8 (D) Real property[, including] used or intended to be used
9 to facilitate any violation of this act, including structures or
10 other improvements thereon, and things growing on, affixed to
11 and found in the land.
12 (ii) No property shall be forfeited under this clause, to
13 the extent of the interest of an owner, by reason of any act or
14 omission established by the owner to have been committed or
15 omitted without the knowledge or consent of that owner. Such
16 money and negotiable instruments found in close proximity to
17 controlled substances possessed in violation of this act shall
18 be rebuttably presumed to be proceeds derived from the selling
19 of a controlled substance in violation of this act.
20 (iii) No valid lien or encumbrance on real property shall be
21 subject to forfeiture or impairment under this clause.
22 * * *
23 (d) Property taken or detained under this section shall not
24 be subject to replevin, but is deemed to be in the custody of
25 the law enforcement authority subject only to the orders and
26 decrees of the court of common pleas having jurisdiction over
27 the forfeiture proceedings and of the district attorney or
28 Attorney General. When property is seized under this act, the
29 law enforcement authority shall:
30 (1) Place the property under seal; and, except as to real
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1 property, either
2 (2) Remove the property to a place designated by it; or
3 (3) Require that the district attorney or Attorney General
4 take custody of the property and remove it to an appropriate
5 location for disposition in accordance with law.
6 * * *
7 Section 29. Procedure With Respect to Seized Property
8 Subject to Liens and Rights of Lienholders.--
9 * * *
10 (e) At the time of the hearing, if the Commonwealth produces
11 evidence that the property in question was unlawfully used [or],
12 possessed or otherwise subject to forfeiture under section
13 28(a), the burden shall be upon the claimant to show:
14 (1) That the claimant is the owner of the property or the
15 holder of a chattel mortgage or contract of conditional sale
16 thereon;
17 (2) That the claimant lawfully acquired the property;
18 (3) That it was not unlawfully used or possessed by him;
19 (4) In the event that it shall appear that the property was
20 unlawfully used or possessed by a person other than the
21 claimant, then the claimant shall show that the unlawful use or
22 possession was without his knowledge or consent.
23 * * *
24 Section 2. This act shall take effect in 60 days.
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