PRIOR PRINTER'S NO. 2052 | PRINTER'S NO. 3440 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 1537 | Session of 2013 |
INTRODUCED BY HARPER, SCHLOSSBERG, O'NEILL, SWANGER, SIMS, MILLARD, HACKETT, WATSON, HESS, GINGRICH, BIZZARRO, C. HARRIS, M. K. KELLER, MILNE, COHEN, MURT, QUINN, STEPHENS, CALTAGIRONE AND ROZZI, JUNE 17, 2013
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 29, 2014
AN ACT
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, providing for the offense and consequences of
4possession with criminal intent of a vehicle with false
5compartments.
6The General Assembly of the Commonwealth of Pennsylvania
7hereby enacts as follows:
8Section 1. Section 907(d) of Title 18 of the Pennsylvania
9Consolidated Statutes is amended by adding a definition and the
10section is amended by adding a subsection to read:
11§ 907. Possessing instruments of crime.
12* * *
13(c.1) Unlawful false or secret compartment.--A person
14commits a misdemeanor of the first degree if he possesses a
15false or secret compartment in a motor vehicle with the intent
16to employ the false or secret compartment criminally.
17(d) Definitions.--As used in this section, the following
18words and phrases shall have the meanings given to them in this
1subsection:
2* * *
3"False or secret compartment." Any enclosure integrated into
4a motor vehicle that is a modification of the motor vehicle as
5built by the manufacturer. <-The term does not include a
6compartment used or possessed solely for the purpose of securing
7valuables, electronics, firearms or other personal property that
8is lawfully possessed.
9* * *
10Section 2. Title 42 is amended by adding a section to read:
11§ 6801.2. Forfeiture of vehicle with unlawful false or secret
12compartment.
13(a) Forfeiture.--
14(1) Except as set forth in paragraph (2), a vehicle used
15in the commission of an offense under 18 Pa.C.S. § 907(c.1)
16(relating to possessing instruments of crime) shall be
17subject to forfeiture to the Commonwealth and no property
18right shall exist in the vehicle.
19(2) The following apply:
20(i) No vehicle used by a common carrier in the
21transaction of business as a common carrier shall be
22forfeited unless the Commonwealth establishes that the
23owner or other person in charge of the vehicle was a
24consenting party or privy to the offense.
25(ii) No vehicle shall be forfeited under the
26provisions of this section by reason of any act or
27omission established by the owner thereof to have been
28committed or omitted without his knowledge or consent,
29which absence or knowledge or consent must be reasonable
30under the circumstances presented.
1(b) Process and seizures.--A vehicle subject to forfeiture
2under this section may be seized by the law enforcement
3authority upon process issued by a court of common pleas having
4jurisdiction over the vehicle. Seizure without process may be
5made if any of the following apply:
6(1) The seizure is incident to an arrest, a search under
7a search warrant or an inspection under an administrative
8inspection warrant.
9(2) The vehicle has been the subject of a prior judgment
10in favor of the Commonwealth in a criminal injunction or
11forfeiture proceeding under this chapter.
12(3) There is probable cause to believe that the vehicle
13has been or is intended to be used in the commission of an
14offense under 18 Pa.C.S. § 907(c.1).
15(c) Seizure without process.--If seizure is made without
16process, proceedings for the issuance thereof shall be
17instituted forthwith.
18(d) Custody.--A vehicle taken or detained under this section
19shall not be subject to replevin but is deemed to be in the
20custody of the law enforcement authority, subject only to the
21orders and decrees of the court of common pleas having
22jurisdiction over the forfeiture proceedings and of the district
23attorney or the Attorney General. When a vehicle is seized under
24this section, the law enforcement authority shall place the
25vehicle under seal and either:
26(1) remove it to a place determined by the law
27enforcement authority; or
28(2) request that the district attorney or Attorney
29General take custody of it and remove it to an appropriate
30location for disposition in accordance with law.
1(e) Use of vehicle held in custody.--When a vehicle is
2forfeited under this section, it shall be transferred to the
3custody of the district attorney if the law enforcement
4authority seizing the vehicle has local or county jurisdiction
5or of the Attorney General if the law enforcement authority
6seizing the vehicle has Statewide jurisdiction. The district
7attorney or the Attorney General, where appropriate, may:
8(1) Retain the vehicle for official use.
9(2) Sell any vehicle which is not required to be
10destroyed by law and which is not harmful to the public, the
11proceeds from any such sale to be used to pay all proper
12expenses of the proceedings for forfeiture and sale,
13including expenses of seizure, maintenance of custody,
14advertising and court costs. The balance of the proceeds
15shall be dealt with under subsections (f) and (g).
16(f) Use of proceeds.--Proceeds transferred to the custody of
17the district attorney pursuant to subsection (e)(2) shall be
18placed in the operating fund of the county in which the district
19attorney is elected. The appropriate county authority shall
20immediately release from the operating fund, without
21restriction, that amount for the use of the district attorney in
22enforcing the criminal laws of this Commonwealth. The entity
23having budgetary control shall not anticipate future forfeitures
24or proceeds from forfeiture in adoption and approval of the
25budget for the district attorney.
26(g) Distribution among law enforcement authorities.--If both
27municipal and State law enforcement authorities were
28substantially involved in effecting the seizure, the court
29having jurisdiction over the forfeiture proceedings shall
30equitably distribute the property between the district attorney
1and Attorney General.
2(h) Authorization to utilize property.--The district
3attorney and the Attorney General shall utilize forfeited
4property or proceeds thereof for the purpose of enforcing the
5criminal laws of this Commonwealth.
6(i) Annual audit.--Every county shall provide, through the
7controller, board of auditors or other appropriate auditor and
8the district attorney, an annual audit of all forfeited vehicles
9and proceeds obtained under this section. The audit shall not be
10made public but shall be submitted to the Office of Attorney
11General. The county shall report all forfeited vehicles and
12proceeds obtained under this section and the disposition of them
13to the Attorney General by September 30 of each year.
14(j) Annual report; confidential information regarding
15vehicles.--The Attorney General shall annually submit a report
16to the Appropriations Committee of the Senate and the Judiciary
17Committee of the Senate and the Appropriations Committee of the
18House of Representatives and the Judiciary Committee of the
19House of Representatives specifying the forfeited vehicles or
20proceeds obtained under this section. The report shall give an
21accounting of all proceeds derived from the sale of forfeited
22vehicles and the use made of unsold forfeited vehicles. The
23Attorney General shall adopt procedures and guidelines governing
24the release of information by the district attorney to protect
25the confidentiality of forfeited vehicles or proceeds used in
26ongoing law enforcement activities.
27(k) Proceeds and appropriations.--The proceeds or future
28proceeds from vehicles forfeited under this section shall be in
29addition to any appropriation made to the Office of Attorney
30General.
1Section 3. This act shall take effect in 60 days.