PRIOR PRINTER'S NO. 1455                      PRINTER'S NO. 2463

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1160 Session of 1985


        INTRODUCED BY BELL AND O'PAKE, OCTOBER 16, 1985

        SENATOR GREENLEAF, JUDICIARY, AS AMENDED, SEPTEMBER 30, 1986

                                     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)] (B)  Money, negotiable instruments [and], securities OR  <--
     7  OTHER THINGS OF VALUE used or intended to be used to facilitate
     8  any violation of this act.
     9     [(D)] (C)  Real property[, including] used or intended to be   <--
    10  used to facilitate any violation of this act, including
    11  structures or other improvements thereon, and things growing on,
    12  affixed to and found in the land.
    13     (ii)  No property shall be forfeited under this clause, to
    14  the extent of the interest of an owner, by reason of any act or
    15  omission established by the owner to have been committed or
    16  omitted without the knowledge or consent of that owner. Such
    17  money and negotiable instruments found in close proximity to
    18  controlled substances possessed in violation of this act shall
    19  be rebuttably presumed to be proceeds derived from the selling
    20  of a controlled substance in violation of this act.
    21     (iii)  No valid lien or encumbrance on real property shall be
    22  subject to forfeiture or impairment under this clause. A LIEN     <--
    23  WHICH IS FRAUDULENT OR INTENDED TO AVOID FORFEITURE UNDER THIS
    24  SECTION SHALL BE INVALID.
    25     * * *
    26     (d)  Property taken or detained under this section shall not   <--
    27  be subject to replevin, but is deemed to be in the custody of
    28  the law enforcement authority subject only to the orders and
    29  decrees of the court of common pleas having jurisdiction over
    30  the forfeiture proceedings and of the district attorney or
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     1  Attorney General. When property is seized under this act, the
     2  law enforcement authority shall:
     3     (1)  Place the property under seal; and, except as to real
     4  property, either
     5     (2)  Remove the property to a place designated by it; or
     6     (3)  Require that the district attorney or Attorney General
     7  take custody of the property and remove it to an appropriate
     8  location for disposition in accordance with law.
     9     * * *
    10     Section 29.  Procedure With Respect to Seized Property
    11  Subject to Liens and Rights of Lienholders.--
    12     * * *
    13     (e)  At the time of the hearing, if the Commonwealth produces
    14  evidence that the property in question was unlawfully used [or],
    15  possessed or otherwise subject to forfeiture under section
    16  28(a), the burden shall be upon the claimant to show:
    17     (1)  That the claimant is the owner of the property or the
    18  holder of a chattel mortgage or contract of conditional sale
    19  thereon;
    20     (2)  That the claimant lawfully acquired the property;
    21     (3)  That it was not unlawfully used or possessed by him;
    22     (4)  In the event that it shall appear that the property was
    23  unlawfully used or possessed by a person other than the
    24  claimant, then the claimant shall show that the unlawful use or
    25  possession was without his knowledge or consent.
    26     * * *
    27     Section 2.  This act shall take effect in 60 days.


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