THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY WILLIAMS, TARTAGLIONE AND KITCHEN, JANUARY 12, 2011

REFERRED TO JUDICIARY, JANUARY 12, 2011  

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, further providing for firearms not to

be carried without a license.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 6106 of Title 18 of the Pennsylvania

Consolidated Statutes is amended by adding a subsection to read:

§ 6106.  Firearms not to be carried without a license.

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(d.1)  Vehicles used in transportation.--Any vehicle or

vessel used to transport a person unlawfully carrying a firearm

under subsection (a) may be deemed contraband and forfeited in

accordance with the following:

(1)  Property subject to forfeiture under this section

may be seized by the law enforcement authority upon process

issued by any court of common pleas having jurisdiction over

the property.

(2)  Property taken or detained under this section shall

not be subject to replevin but is deemed to be in the custody

of the law enforcement authority subject only to the orders

and decrees of the court of common pleas having jurisdiction

over the forfeiture proceedings and of the district attorney.

When property is seized under this section, the law

enforcement authority shall place the property under seal and

either:

(i)  remove the property to a place designated by it;

or

(ii)  require that the district attorney take custody

of the property and remove it to an appropriate location

for disposition in accordance with law.

(3)  Whenever property is forfeited under this section,

the property shall be transferred to the custody of the

municipal corporation. The municipal corporation shall sell

any forfeited property, but the proceeds from any such sale

shall be used to pay all proper expenses of the proceedings

for forfeiture and sale, including expenses of seizure,

maintenance of custody, advertising and court costs. The

balance of the proceeds shall be used for the enforcement of

this act.

(4)  The proceedings for the forfeiture or condemnation

of property, the sale of which is provided for under this

section, shall be in rem, in which the Commonwealth shall be

the plaintiff and the property the defendant. A petition

shall be filed in the court of common pleas of the judicial

district where the property is located, verified by oath or

affirmation of an officer or citizen, containing the

following:

(i)  A description of the property seized.

(ii)  A statement of the time and place where seized.

(iii)  The owner, if known.

(iv)  The person or persons in possession, if known.

(v)  An allegation that the property is subject to

forfeiture pursuant to this subsection and an averment of

material facts upon which the forfeiture action is based.

(vi)  A prayer for an order of forfeiture that the

property be adjudged forfeited to the Commonwealth and

condemned and be ordered sold according to law, unless

cause be shown to the contrary.

(5)  A copy of the petition required under paragraph (4)

shall be served personally or by certified mail on the owner

or upon the person or persons in possession at the time of

the seizure. The copy shall have endorsed a notice, as

follows:

To the claimant of within described property: You are

required to file an answer to this petition, setting

forth your title in, and right to possession of, the

property within 30 days from the service hereof, and you

are also notified that, if you fail to file the answer, a

decree of forfeiture and condemnation will be entered

against the property.

The notice shall be signed by the district attorney, deputy

district attorney or assistant district attorney.

(6)  If the owner of the property is unknown or there was

no person in possession of the property when seized or if the

owner or such person or persons in possession at the time of

the seizure cannot be personally served or located within the

jurisdiction of the court, notice of the petition shall be

given by the Commonwealth through an advertisement in only

one newspaper of general circulation published in the county

where the property shall have been seized, once a week for

two successive weeks. No other advertisement of any sort

shall be necessary, any other law to the contrary

notwithstanding. The notice shall contain a statement of the

seizure of the property with a description of the property

and the place and date of seizure and shall direct any

claimants to the property to file a claim on or before a date

given in the notice, which date shall not be less than 30

days from the date of the first publication. If no claims are

filed within 30 days of publication, the property shall

summarily forfeit to the Commonwealth.

(7)  For purposes of this section, the owner or other

such person cannot be found in the jurisdiction of the court

if:

(i)  a copy of the petition is mailed to the last

known address by certified mail and is returned without

delivery;

(ii)  personal service is attempted once but cannot

be made at the last known address; and

(iii)  a copy of the petition is left at the last

known address.

(8)  The notice provisions of this section are

automatically waived when the owner, without good cause,

fails to appear in court in response to a subpoena on the

underlying criminal charges. Forty-five days after such a

failure to appear, if good cause has not been demonstrated,

the property shall summarily forfeit to the Commonwealth.

(9)  Upon the filing of a claim for the property setting

forth a right of possession, the case shall be deemed at

issue, and a time shall be fixed for the hearing.

(10)  At the time of the hearing, if the Commonwealth

produces evidence that the property in question was

unlawfully used, possessed or otherwise subject to forfeiture

under this section, the burden shall be upon the claimant to

show:

(i)  That the claimant is the owner of the property

or the holder of a secured interest or contract of

conditional sale thereon.

(ii)  That the claimant lawfully acquired the

property.

(iii)  That it was not unlawfully used or possessed

by him. In the event that it shall appear that the

property was unlawfully used or possessed by a person

other than the claimant, then the claimant shall show

that the unlawful use or possession was without his

knowledge or consent. Such absence of knowledge or

consent must be reasonable under the circumstances

presented.

(11)  If a person claiming the ownership of or right of

possession to or claiming to be the holder of a secured

interest or contract of conditional sale upon the property,

the disposition of which is provided for under this section,

prior to the sale presents a petition to the court alleging

over the property lawful ownership, right of possession, a

lien or reservation of title and if, upon public hearing, due

notice of which having been given to the district attorney,

the claimant shall prove by competent evidence to the

satisfaction of the court that the property was lawfully

acquired, possessed and used by him or, it appearing that the

property was unlawfully used by a person other than the

claimant, that the unlawful use was without the claimant's

knowledge or consent, then the court may order the property

returned or delivered to the claimant. Such absence of

knowledge or consent must be reasonable under the

circumstances presented. Otherwise, it shall be retained for

official use or sold in accordance with paragraph (4).

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Section 2.  This act shall take effect in 60 days.