PRINTER'S NO. 606
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
532
Session of
2015
INTRODUCED BY CRUZ, YOUNGBLOOD, THOMAS AND MURT,
FEBRUARY 23, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 23, 2015
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in forfeitures, further
providing for controlled substances forfeiture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6801(e), (f), (h) and (k) of Title 42 of
the Pennsylvania Consolidated Statutes are amended and the
section is amended by adding a subsection to read:
ยง 6801. Controlled substances forfeiture.
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(b.1) Conviction required.--Property shall not be subject to
forfeiture under this chapter unless the violation results in
the property owner's conviction, guilty plea or plea of nolo
contendere.
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(e) Use of property held in custody.--Whenever property is
forfeited under this chapter, the property shall be transferred
to the custody of the district attorney, if the law enforcement
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authority seizing the property has local or county jurisdiction,
or the Attorney General, if the law enforcement authority
seizing the property has Statewide jurisdiction. The district
attorney or the Attorney General, where appropriate, may:
(1) Retain the property for official use.
(2) Sell any forfeited property which is not required to
be destroyed by law and which is not harmful to the public,
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 remaining balance of the
proceeds shall be [dealt with in accordance with] subject to
subsections (f) and (g).
(f) Use of cash or proceeds of property.--[Cash]
(1) Except as otherwise provided in paragraph (2), cash
or proceeds of forfeited property transferred to the custody
of the district attorney pursuant to subsection (e) shall be
placed in the operating fund of the county in which the
district attorney is elected. The appropriate county
authority shall immediately release from the operating fund,
without restriction, a like amount for the use of the
district attorney enforcing the provisions of The Controlled
Substance, Drug, Device and Cosmetic Act. The entity having
budgetary control shall not anticipate future forfeitures or
proceeds therefrom in adoption and approval of the budget for
the district attorney.
(2) Cash or proceeds of forfeited property seized in a
city of the first class shall be transferred to the
Department of Revenue for deposit into the General Fund.
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(h) Authorization to utilize property.--Except for forfeited
property or proceeds thereof subject to subsection (e)(2):
(1) The district attorney and the Attorney General shall
utilize forfeited property or proceeds thereof for the
purpose of enforcing the provisions of The Controlled
Substance, Drug, Device and Cosmetic Act.
(2) In appropriate cases, the district attorney and the
Attorney General may designate proceeds from forfeited
property to be utilized by community-based drug and crime-
fighting programs and for relocation and protection of
witnesses in criminal cases.
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(k) Proceeds and appropriations.--[The] Except for proceeds
subject to subsection (e)(2), the proceeds or future proceeds
from forfeited property under this chapter shall be in addition
to any appropriation made to the Office of Attorney General.
Section 2. This act shall take effect in 60 days.
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