Regular Session 2015-2016 Senate Bill 0869 P.N. 2076

PRIOR PRINTER'S NO. 1015

PRINTER'S NO. 2076

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

869

Session of

2015

INTRODUCED BY FOLMER, WILLIAMS, LEACH, FARNESE, COSTA, MENSCH,

WOZNIAK, BARTOLOTTA, HAYWOOD, DINNIMAN AND BLAKE,

JUNE 4, 2015

SENATOR GREENLEAF, JUDICIARY, AS AMENDED, SEPTEMBER 26, 2016

AN ACT

Amending Titles 4 (Amusements), 18 (Crimes and Offenses), 30

(Fish), 42 (Judiciary and Judicial Procedure) and 75

(Vehicles) of the Pennsylvania Consolidated Statutes, in

administration and enforcement relating to gaming, further

providing for prohibited acts and penalties; in inchoate

crimes, further providing for the offense of manufacture,

distribution, use of possession of devices for theft of

telecommunication services; in criminal homicide, further

providing for drug delivery resulting in death; in loss of

property rights relating to sexual offenses, further

providing for general rule; repealing provisions relating to

process and seizure, to custody of property and to disposal

of property; in forgery and other fraudulent practices,

further providing for the offenses of copying and recording

devices and of trademark counterfeiting; in riot, disorderly

conduct and related offenses, further providing for the

offense of gambling devices, gambling, etc; in wiretapping

and electronic surveillance, further providing for seizure

and forfeiture of electronic mechanical or other devices; in

minors, further providing for sentencing and penalties for

trafficking drugs to minors; in nuisances, further providing

for the offense of scattering rubbish; in other offenses,

further providing for drug trafficking sentencing and

penalties; in vehicle chop shop and illegally obtained and

altered property, further providing for loss of property

rights to Commonwealth; repealing provisions relating to

procedure with respect to seized property subject to liens

and rights of lienholders; in enforcement relating to Fish

and Boat Code, further providing for forfeiture of fish and

devices; adding provisions relating to asset forfeiture in

Judicial Code; in forfeitures, further providing for

controlled substances forfeiture and procedure with respect

to seized property subject to liens and rights of

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lienholders; in size, weight and load relating to Vehicle

Code, further providing for transporting foodstuffs in

vehicles used to transport waste; in liquid fuels and fuel

use tax enforcement, further providing for forfeitures,

process and procedures and for disposition of fines and

forfeitures; and making repeals of provisions of the Liquor

Code, the Tax Reform Code of 1971 and another act relating to

certain forfeiture of property. AMENDING TITLES 4

(AMUSEMENTS), 18 (CRIMES AND OFFENSES), 30 (FISH), 42

(JUDICIARY AND JUDICIAL PROCEDURE) AND 75 (VEHICLES) OF THE

PENNSYLVANIA CONSOLIDATED STATUTES, IN ADMINISTRATION AND

ENFORCEMENT RELATING TO GAMING, FURTHER PROVIDING FOR

PROHIBITED ACTS AND PENALTIES; IN INCHOATE CRIMES, FURTHER

PROVIDING FOR THE OFFENSE OF MANUFACTURE, DISTRIBUTION, USE

OR POSSESSION OF DEVICES FOR THEFT OF TELECOMMUNICATIONS

SERVICES; IN ASSAULT, FURTHER PROVIDING FOR THE OFFENSE OF

TERRORISM; IN LOSS OF PROPERTY RIGHTS RELATING TO SEXUAL

OFFENSES, FURTHER PROVIDING FOR GENERAL RULE, REPEALING

PROVISIONS RELATING TO PROCESS AND SEIZURE, TO CUSTODY OF

PROPERTY AND TO DISPOSAL OF PROPERTY; IN FORGERY AND

FRAUDULENT PRACTICES, FURTHER PROVIDING FOR THE OFFENSES OF

COPYING AND RECORDING DEVICES AND FOR TRADEMARK

COUNTERFEITING; IN RIOT, DISORDERLY CONDUCT AND RELATED

OFFENSES, FURTHER PROVIDING FOR THE OFFENSE OF GAMBLING

DEVICES, GAMBLING, ETC.; IN WIRETAPPING AND ELECTRONIC

SURVEILLANCE, FURTHER PROVIDING FOR SEIZURE AND FORFEITURE OF

ELECTRONIC, MECHANICAL OR OTHER DEVICES; IN MINORS, FURTHER

PROVIDING FOR SENTENCING AND PENALTIES FOR TRAFFICKING DRUGS

TO MINORS; IN NUISANCES, FURTHER PROVIDING FOR THE OFFENSE OF

SCATTERING RUBBISH; IN OTHER OFFENSES, FURTHER PROVIDING FOR

DRUG TRAFFICKING SENTENCING AND PENALTIES; IN VEHICLE CHOP

SHOP AND ILLEGALLY OBTAINED AND ALTERED PROPERTY, FURTHER

PROVIDING FOR LOSS OF PROPERTY RIGHTS TO COMMONWEALTH AND

REPEALING PROVISIONS RELATING TO PROCEDURE WITH RESPECT TO

SEIZED PROPERTY SUBJECT TO LIENS AND RIGHTS OF LIENHOLDERS;

IN ENFORCEMENT RELATING TO FISH AND BOAT CODE, FURTHER

PROVIDING FOR FORFEITURE OF FISH AND DEVICES; IN ACTIONS,

PROCEEDINGS AND OTHER MATTERS GENERALLY RELATING TO JUDICIAL

CODE, ADDING PROVISIONS RELATING TO FORFEITURE OF ASSETS; IN

FORFEITURES, FURTHER PROVIDING FOR CONTROLLED SUBSTANCES

FORFEITURE AND REPEALING PROVISIONS RELATING TO TERRORISM

FORFEITURE AND TO PROCEDURE WITH RESPECT TO SEIZED PROPERTY

SUBJECT TO LIENS AND RIGHTS OF LIENHOLDERS; IN SIZE, WEIGHT

AND LOAD RELATING TO VEHICLE CODE, FURTHER PROVIDING FOR

TRANSPORTING FOODSTUFFS IN VEHICLES USED TO TRANSPORT WASTE;

IN LIQUID FUELS AND FUEL USE TAX ENFORCEMENT, FURTHER

PROVIDING FOR FORFEITURES AND PROCESS AND PROCEDURES AND FOR

DISPOSITION OF FINES AND FORFEITURES; PROVIDING FOR CONDUCT

OF FORFEITURE; AND MAKING REPEALS OF PROVISIONS OF THE LIQUOR

CODE, THE TAX REFORM CODE OF 1971 AND ANOTHER ACT RELATING TO

CERTAIN FORFEITURE OF PROPERTY.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1518(f) of Title 4 of the Pennsylvania

Consolidated Statutes is amended to read:

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§ 1518. Prohibited acts; penalties.

* * *

(f) Property subject to seizure, confiscation, destruction

or forfeiture.--Any equipment, device or apparatus, money,

material, gaming proceeds or substituted proceeds or real or

personal property used, obtained or received or any attempt to

use, obtain or receive the device, apparatus, money, material,

proceeds or real or personal property in violation of this part

shall be subject to [seizure, confiscation, destruction or

forfeiture] the provisions of 42 Pa.C.S. Ch. 58 (relating to

asset forfeiture).

Section 2. Sections 910(c.1), 2506(f) and 3141 of Title 18

are amended to read:

§ 910. Manufacture, distribution, use or possession of devices

for theft of telecommunications services.

* * *

(c.1) Forfeiture of unlawful telecommunication devices.--

Upon conviction of a defendant under this section, the court

may, in addition to any other sentence authorized by law, direct

that the defendant forfeit any unlawful telecommunication

devices in the defendant's possession or control which were

involved in the violation for which the defendant was convicted.

The forfeiture shall be conducted in accordance with 42 Pa.C.S.

Ch. 58 (relating to asset forfeiture).

* * *

§ 2506. Drug delivery resulting in death.

* * *

(f) Forfeiture.--Assets against which [a forfeiture

petition] an information or indictment seeking forfeiture has

been filed and is pending or against which the Commonwealth has

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indicated an intention to file [a forfeiture petition] an

information or indictment seeking a forfeiture shall not be

subject to a fine. Nothing in this section shall prevent a fine

from being imposed on assets which have been subject to an

unsuccessful forfeiture [petition] proceeding.

§ 3141. General rule.

A person:

(1) convicted under section 3121 (relating to rape),

3122.1 (relating to statutory sexual assault), 3123 (relating

to involuntary deviate sexual intercourse), 3124.1 (relating

to sexual assault), 3125 (relating to aggravated indecent

assault) or 3126 (relating to indecent assault); or

(2) required to register with the Pennsylvania State

Police under 42 Pa.C.S. Ch. 97 Subch. H (relating to

registration of sexual offenders);

may be required to forfeit property rights in any property or

assets used to implement or facilitate commission of the crime

or crimes of which the person has been convicted. [Such property

may include, but is not limited to, a computer or computers,

telephone equipment, firearms, licit or illicit prescription

drugs or controlled substances, a motor vehicle or such other

property or assets as determined by the court of common pleas to

have facilitated the person's criminal misconduct.] The

forfeiture shall be conducted in accordance with 42 Pa.C.S. Ch.

58 (relating to asset forfeiture).

Section 3. Sections 3142, 3143 and 3144 of Title 18 are

repealed:

[§ 3142. Process and seizure.

(a) Seizure.--Property subject to forfeiture under this

section may be seized by law enforcement authority upon process

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issued by the court of common pleas having jurisdiction over the

person or property.

(b) Seizure without process.--Seizure without process may be

made if the seizure is incident to an arrest or a search under a

search warrant and there is probable cause to be believe that

the property was or is material to the charges for which the

arrest or search warrant was issued. In seizures without

process, proceedings for the issuance thereof shall be

instituted immediately.

than the convicted sex offender or registrant shall be returned

if the offense was committed without the knowledge or consent of

the owner.

§ 3143. Custody of property.

Property taken or detained under this subchapter is deemed to

be the property of the law enforcement authority having custody

thereof and is subject only to the court of common pleas having

jurisdiction over the criminal or forfeiture proceedings, the

district attorney in the matter or the Attorney General.

§ 3144. Disposal of property.

Property taken or detained pursuant to the provisions of this

subchapter shall be sold in the manner of property forfeited

under 42 Pa.C.S. Ch. 68 (relating to forfeitures). The net

proceeds, as determined by the law enforcement authority having

custody thereof, shall be utilized for investigation or

prosecution of sexual offenses or donated to nonprofit

charitable institutions which provide counseling and other

assistance to victims of sexual offenses.]

Section 4. Sections 4116(i), 4119(f)(1) and (2)(i), 5513(b),

5707, 6314(f), 6501(b)(5) and (d), 7508(e) and 7707 of Title 18

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are amended to read:

§ 4116. Copying; recording devices.

* * *

(i) Forfeiture.--

(1) No property right shall exist in any property used

or intended for use in the commission of a violation of this

section or in any proceeds traceable to a violation of this

section, and the same shall be deemed contraband and

forfeited in accordance with the provisions [set forth in

section 6501(d) (relating to scattering rubbish)] of 42

Pa.C.S. Ch. 58 (relating to asset forfeiture).

[(2) Property and proceeds found in close proximity to

illegally recorded devices shall be rebuttably presumed to be

used or intended for use to facilitate a violation of this

section.]

(3) The provisions of this subsection shall not, in any

way, limit the right of the Commonwealth to exercise any

rights or remedies otherwise provided by law.

§ 4119. Trademark counterfeiting.

* * *

(f) Seizure, forfeiture and disposition.--

(1) Any items bearing a counterfeit mark, any property

constituting or derived from any proceeds obtained[, directly

or indirectly,] as the result of an offense under this

section and all personal property, including, but not limited

to, any items, objects, tools, machines, equipment,

instrumentalities or vehicles of any kind, used in connection

with a violation of this section shall be seized by a law

enforcement officer.

(2) (i) All seized personal property and property

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constituting or derived from any proceeds referenced in

paragraph (1) shall be forfeited in accordance with [the

procedures set forth in section 6501(d) (relating to

scattering rubbish)] 42 Pa.C.S. Ch. 58 (relating to asset

forfeiture).

* * *

§ 5513. Gambling devices, gambling, etc.

* * *

(b) Confiscation of gambling devices.--Any gambling device

possessed or used in violation of the provisions of subsection

(a) of this section shall be seized and forfeited to the

Commonwealth. [All provisions of law relating to the seizure,

summary and judicial forfeiture, and condemnation of

intoxicating liquor shall apply to seizures and forfeitures

under the provisions of this section.] The forfeiture shall be

conducted in accordance with 42 Pa.C.S. Ch. 58 (relating to

asset forfeiture).

* * *

§ 5707. Seizure and forfeiture of electronic, mechanical or

other devices.

Any electronic, mechanical or other device possessed, used,

sent, distributed, manufactured, or assembled in violation of

this chapter is hereby declared to be contraband and may be

seized and forfeited to the Commonwealth in accordance with 42

Pa.C.S. Ch. 58 (relating to asset forfeiture).

§ 6314. Sentencing and penalties for trafficking drugs to

minors.

* * *

(f) Forfeiture.--Assets against which [a forfeiture

petition] an information or indictment seeking forfeiture has

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been filed and is pending or against which the Commonwealth has

indicated an intention to file [a forfeiture petition] an

information of indictment seeking forfeiture shall not be

subject to a fine under this section.

* * *

§ 6501. Scattering rubbish.

* * *

(b) Penalty.--

* * *

(5) Any vehicle, equipment or conveyance, including any

private automobile and small truck, used for the

transportation or disposal of trash, garbage or debris in the

commission of a second or subsequent offense under subsection

(a)(3) may be deemed contraband and forfeited in accordance

with [the provisions set forth in this section] 42 Pa.C.S.

Ch. 58 (relating to asset forfeiture).

* * *

[(d) Forfeiture.--

(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:

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

(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 in 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

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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

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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

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or the holder of a chattel mortgage 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 chattel

mortgage or contract of conditional sale upon the property,

the disposition of which is provided for in 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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* * *

§ 7508. Drug trafficking sentencing and penalties.

* * *

(e) Forfeiture.--Assets against which [a forfeiture

petition] an information or indictment seeking forfeiture has

been filed and is pending or against which the Commonwealth has

indicated an intention to file [a forfeiture petition] an

information or indictment seeking forfeiture shall not be

subject to a fine. Nothing in this section shall prevent a fine

from being imposed on assets which have been subject to an

unsuccessful forfeiture [petition] proceeding.

* * *

§ 7707. Loss of property rights to Commonwealth.

[(a) Forfeitures generally.--The following shall be subject

to forfeiture to the Commonwealth, and no property right shall

exist in them:

(1) Any tool, implement or instrumentality, including,

but not limited to, a vehicle or vehicle part used or

possessed in connection with any violation of this chapter.

(2) All materials, products and equipment of any kind

which are used or intended for use in violation of this

chapter.

(3) All books, records, microfilm, tapes and data which

are used or intended for use in violation of this chapter.

(4) All money, negotiable instruments, securities or

other things of value used or intended to be used to

facilitate any violation of this chapter and all proceeds

traceable to any transactions in violation of this chapter.

(5) All real property used or intended to be used to

facilitate any violation of this chapter, including

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structures or other improvements thereon and including any

right, title and interest in the whole or any lot or tract of

land and any appurtenances or improvements which are used or

intended to be used in any manner or part to commit or to

facilitate the commission of a violation of this chapter.

(b) Exceptions.--

(1) No property shall be forfeited under this section,

to the extent of the interest of an owner, by reason of any

act or omission established by the owner to have been

committed or omitted without the knowledge or consent of that

owner.

(2) No valid lien or encumbrance on real property shall

be subject to forfeiture or impairment under this paragraph.

A lien which is fraudulent or intended to avoid forfeiture

under this section shall be invalid.

under this chapter may be seized by the law enforcement

authority upon process issued by a court of common pleas having

jurisdiction over the property. Seizure without process may be

made if:

(1) the seizure is incident to an arrest or a search

warrant or inspection under 75 Pa.C.S. § 6308 (relating to

investigation by police officers) or any other administrative

inspection;

(2) the property subject to seizure has been the subject

of a proper judgment in favor of the Commonwealth in a

criminal injunction or forfeiture proceeding under this

chapter;

(3) there is probable cause to believe that the property

is dangerous to health or safety; or

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(4) there is probable cause to believe that the property

has been used or is intended to be used in violation of this

chapter.

(d) Seizure without process.--In the event seizure without

process occurs as provided in this chapter, proceeding for the

issuance thereof shall be instituted forthwith.

(e) Custody of property.--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 or the Office of Attorney General. When property is

seized under this chapter, the law enforcement authority shall

place the property under seal and either:

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

(2) require that the district attorney or the Office of

Attorney General take custody of the property and remove it

to an appropriate location for disposition in accordance with

law.

(f) Use of property held in custody.--

(1) Whenever property is forfeited under this chapter,

the property shall be transferred to:

(i) the custody of the district attorney, if the law

enforcement authority seizing the property has local or

county jurisdiction; or

(ii) the Office of Attorney General, if the law

enforcement authority seizing the property has Statewide

jurisdiction.

(2) The district attorney or the Office of Attorney

General, where appropriate, may:

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(i) Retain the property for official use.

(ii) 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 must

be used to pay all proper expenses of the proceeding for

forfeiture and sale, including expenses of seizure,

maintenance of custody, advertising and court costs. The

balance of the proceeds shall be dealt with in accordance

with subsections (g) and (h).

(g) Use of cash, property or proceeds of property.--Cash or

proceeds of forfeited property transferred to the custody of the

district attorney under subsection (f) 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 in enforcing the

criminal laws of this Commonwealth. The entity having budgetary

control shall not anticipate future forfeitures or proceeds from

such forfeitures in adoption and approval of the budget for the

district attorney.

(h) Distribution of property among law enforcement

authorities.--If both State and municipal law enforcement

authorities were substantially involved in effecting the

seizure, the court having jurisdiction over the forfeiture

proceedings shall equitably distribute the property between the

district attorney and the Office of Attorney General.

(i) Annual audit of forfeited property.--A county shall

provide, through the controller, board of auditors or other

appropriate auditor and the district attorney, an annual audit

of all forfeited property and proceeds obtained under this

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section. The audit shall not be made public but shall be

submitted to the Office of Attorney General. The county shall

report all forfeited property and proceeds obtained under this

section and the disposition thereof to the Office of Attorney

General by September 30 of each year.

(j) Annual report; confidential information regarding

property.--The Office of Attorney General shall annually submit

a report to the Appropriations Committee of the Senate, the

Appropriations Committee of the House of Representatives, the

Judiciary Committee of the Senate and the Judiciary Committee of

the House of Representatives specifying the forfeited property

or proceeds thereof obtained under this section. The report

shall give an account of all proceeds derived from the sale of

forfeited property and the use made of unsold forfeited

property. The Office of Attorney General shall adopt procedures

and guidelines governing the release of information by the

district attorney to protect the confidentiality of forfeited

property or proceeds used in ongoing enforcement activities.

(k) Proceeds and appropriations.--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.] Forfeiture of property shall be authorized for

violation of this chapter and conducted in accordance with 42

Pa.C.S. Ch. 58 (relating to asset forfeiture).

Section 5. Section 7708 of Title 18 is repealed:

[§ 7708. Procedure with respect to seized property subject to

liens and rights of lienholders.

(a) General procedure.--The proceedings for the forfeiture

or condemnation of property, the sale of which is provided for

under this chapter, shall be in rem in which the Commonwealth

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shall be the plaintiff and the property the defendant. The

Pennsylvania Rules of Civil Procedure shall apply to all

forfeiture proceedings brought under this chapter. 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:

(1) A description of the property seized.

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

(3) The owner, if known.

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

(5) An allegation that the property is subject to

forfeiture under section 7707 (relating to loss of property

rights to Commonwealth) and an averment of material facts

upon which the forfeiture action is based.

(6) 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.

(b) Notice to property owners.--A copy of the petition

required under subsection (a) 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, stating your

title in and right to possession of the property within 30

days from the service of this petition, and you are also

notified that, if you fail to file an answer, a decree of

forfeiture and condemnation will be entered against the

property.

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The notice shall be signed by the Attorney General, Deputy

Attorney General, district attorney, deputy district attorney or

assistant district attorney.

(1) 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 was seized once a week for two successive

weeks. No other advertisement of any sort shall be necessary,

any other law to the contrary notwithstanding.

(2) The notice shall:

(i) contain a statement of the seizure of the

property with a description of the property and the place

and date of seizure; and

(ii) 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.

(3) If no claims are filed within 30 days of

publication, the property shall summarily forfeit to the

Commonwealth.

(d) Property owners not in jurisdiction.--For purposes of

this section, the owner or other such person cannot be found in

the jurisdiction of the court if:

(1) A copy of the petition is mailed to the last known

address by certified mail and is returned without a delivery.

20150SB0869PN2076 - 19 -

(2) A personal service is attempted once but cannot be

made at the last known address.

(3) A copy of the petition is left at the last known

address.

(e) Notice automatically waived.--

(1) 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.

(2) Forty-five days after such a failure to appear, if

good cause has not been demonstrated, the property shall

summarily forfeit to the Commonwealth.

(f) Preservation of the property subject for forfeiture.--

(1) Upon application of the Commonwealth, the court may

enter a restraining order or injunction, require the

execution of a satisfactory performance bond or take any

other action to preserve the availability of property

described in section 7707 for forfeiture under this section

either:

(i) upon the filing of an information or an

indictment charging a violation of this chapter for which

criminal forfeiture may be ordered under this chapter and

alleging that the property with respect to which the

order is sought would be subject to forfeiture; or

(ii) prior to the filing of such an indictment or

information if, after notice to persons appearing to have

an interest in the property and an opportunity for a

hearing, the court determines that:

(A) There is a substantial probability that the

Commonwealth will prevail on the issue of forfeiture

20150SB0869PN2076 - 20 -

and that failure to enter the order will result in

the property being destroyed, removed from the

jurisdiction of the court or otherwise made

unavailable for forfeiture.

(B) The need to preserve the availability of the

property through the entry of the requested order

outweighs the hardship on any party against whom the

order is to be entered.

(2) An order entered under this subsection shall be

effective for not more than 90 days unless extended by the

court for good cause shown or unless an indictment or

information described in paragraph (1)(i) has been filed.

(g) Temporary restraining order.--

(1) A temporary restraining order under subsection (f)

may be entered upon application of the Commonwealth without

notice or opportunity for a hearing when an information or

indictment has not yet been filed with respect to the

property if the Commonwealth demonstrates that:

(i) there is probable cause to believe that the

property with respect to which the order is sought would

be subject to forfeiture under this chapter; and

(ii) the provision of notice will jeopardize the

availability of the property for forfeiture.

(2) Such temporary order shall expire not more than ten

days after the date on which it is entered, unless:

(i) extended for good cause shown; or

(ii) the party against whom it is entered consents

to an extension for a longer period.

(3) A hearing requested concerning an order entered

under this subsection shall be held at the earliest possible

20150SB0869PN2076 - 21 -

time and prior to the expiration of the temporary order.

(h) Hearing regarding property; rules of evidence.--The

court may receive and consider at a hearing held under

subsection (f) or (g) evidence and information that would be

inadmissible under the rules of evidence.

(i) Hearing time set.--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.

(j) Owner's burden of proof.--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 section 7706 (relating to presumptions), the

burden shall be upon the claimant to show that:

(1) The claimant is the owner of the property or the

holder of a chattel mortgage or contract of conditional sale

thereon.

(2) The claimant lawfully acquired the property.

(3) It was not unlawfully used or possessed by the

claimant. 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 must show that the unlawful use

or possession was without the claimant's knowledge or

consent. Such absence of knowledge or consent must be

reasonable under the circumstances presented.

(k) Court-ordered release of property.--

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

possession to or claiming to be the holder of a chattel

mortgage or contract of conditional sale upon the property,

the disposition of which is provided for in this section,

prior to the sale presents a petition to the court alleging

20150SB0869PN2076 - 22 -

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 Office of Attorney

General or the district attorney, the claimant proves by

competent evidence to the satisfaction of the court:

(i) that the property was lawfully acquired,

possessed and used by him; or

(ii) if it appears 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.

(2) Such absence of knowledge or consent must be

reasonable under the circumstances presented. Otherwise, the

property shall be retained for official use or sold in

accordance with section 7707(f).]

Section 6. Section 927 of Title 30 is amended to read:

§ 927. Forfeiture of fish and devices.

(a) General rule.--A person convicted of an offense under

this title shall forfeit any fish seized under section 901(6)

(relating to powers and duties of waterways patrolmen and

deputies) and any device confiscated under this title.

Forfeitures shall be conducted in accordance with 42 Pa.C.S. Ch.

58 (relating to asset forfeiture).

[(b) Disposition of confiscated property.--Any property

confiscated by the commission under this title shall be sold or

otherwise disposed of by the executive director. These

dispositions shall be recorded on the books of the commission.]

Section 7. Title 42 is amended by adding a chapter to read:

20150SB0869PN2076 - 23 -

CHAPTER 58

ASSET FORFEITURE

Sec.

5801. Scope of criminal asset forfeiture.

5802. Criminal asset forfeiture in general.

5803. Process for criminal asset forfeiture.

5804. Process for third-party interest holders.

5805. Interaction with the Federal Government.

§ 5801. Scope of criminal asset forfeiture.

(a) Certain forfeitures exempted.--Forfeitures of property

shall be conducted in accordance with this chapter, except for

forfeitures authorized by:

(1) Section 3 of the act of July 8, 1978 (P.L.792,

No.140), known as the Public Employee Pension Forfeiture Act.

(2) Section 6 of the act of April 6, 1980 (P.L.102,

No.39), entitled "An act restricting the acquisition by

certain aliens of an interest in agricultural lands."

(3) Sections 207, 211 and 505 of the act of December 7,

1982 (P.L.784, No.225), known as the Dog Law.

(4) 18 Pa.C.S. § 3021 (relating to asset forfeiture);

(5) 18 Pa.C.S. § 5511 (relating to cruelty to animals);

(6) 18 Pa.C.S. § 6110.1 (relating to possession of

firearm by minor);

(7) 18 Pa.C.S. § 6321 (relating to transmission of

sexually explicit images by minor);

(8) 27 Pa.C.S. § 6208 (relating to penalties);

(9) 37 Pa.C.S. § 511 (relating to criminal penalties);

(10) 42 Pa.C.S. § 6801.1 (relating to terrorism

forfeiture);

(11) 75 Pa.C.S. § 9405 (relating to forfeitures; process

20150SB0869PN2076 - 24 -

and procedure).

(b) Contraband per se exempted.--Nothing in this chapter

shall be construed to apply to the forfeiture of contraband per

se, the possession of which is inherently unlawful. Such

forfeiture includes, but is not limited to, forfeiture of the

following:

(1) items bearing a counterfeit mark under 18 Pa.C.S. §

4119 (relating to trademark counterfeiting).

(2) liquor, alcohol or malt or brewed beverages

illegally manufactured or possessed under section 601 of the

act of April 12, 1951 (P.L.90, No.21), known as the Liquor

Code.

(3) unlawfully stamped cigarettes under section 307 of

the act of December 30, 2003 (P.L.441, No.64), known as the

Tobacco Product Manufacturer Directory Act.

(4) unstamped cigarettes under section 1285 of the act

of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code

of 1971.

chapter shall supersede any conflicting provisions of other

State laws.

(d) Preemption.--This chapter preempts any local ordinance

or regulation insofar as it is inconsistent with this chapter,

irrespective of the effective date of the ordinance or

regulation.

§ 5802. Criminal asset forfeiture in general.

(a) Criminal in form.--Unless otherwise provided,

forfeitures under this chapter are criminal.

(b) Forfeiture disfavored.--Forfeitures are not favored

under State law and any ambiguity in this chapter shall be

20150SB0869PN2076 - 25 -

strictly construed against the Commonwealth.

(1) After a person is convicted of an offense for which

forfeiture is expressly authorized as a penalty, the

following shall be subject to forfeiture to the Commonwealth

and no property right shall exist in them:

(i) The convicted person's property constituting or

derived from any proceeds obtained directly from the

commission of the offense.

(ii) The convicted person's property that:

(A) Was used or intended to be used to commit or

facilitate the commission of the offense.

(B) Bears a significant relationship to the

offense.

(2) No additional penalties, including, but not limited

to, personal money judgments, shall be authorized under this

chapter except as provided by section 5803(k) (relating to

process for criminal asset forfeiture). Any restitution made

to a victim using property forfeited under this chapter shall

serve to satisfy in part or in whole any restitution order

against the convicted person.

(3) Nothing in this section shall be construed to

prevent property from being forfeited by the terms of a plea

agreement approved by a court or of any other agreement of

the parties to a criminal proceeding. Forfeiture by agreement

shall be subject to the requirements of section 5804

(relating to process for third-party interest holders).

(d) Claims for damage, loss or impermissible sale of

property.--After a finding under this chapter that seized

property is not subject to forfeiture, the property owner may

20150SB0869PN2076 - 26 -

bring a claim against the law enforcement authority that had

custody of the property and lost, damaged or impermissibly sold

it.

(e) Use of property held in custody.--

(1) Whenever property is forfeited under this chapter

and after all ancillary proceedings under section 5804 are

concluded, the property shall be transferred to the custody

of the district attorney, if the law enforcement authority

seizing the property has local or county jurisdiction, or the

Attorney General, if the law enforcement authority seizing

the property has Statewide jurisdiction.

(2) The district attorney or the Attorney General, as

applicable, shall sell any forfeited property that is not

required to be destroyed by law and is not harmful to the

public.

(3) Sale of forfeited property to an employee of the

district attorney or Attorney General, a person related to an

employee by blood or marriage or another law enforcement

authority is prohibited.

(4) The proceeds from sale shall be used to pay all

reasonable expenses related to the maintenance of custody and

sale of such property. The balance of the proceeds shall be

subject to subsection (f).

(f) Use of cash or proceeds or property.--Cash or proceeds

of forfeited property transferred under subsection (e) shall be

distributed in the following order:

(1) To satisfy any restitution orders for victims of the

underlying offense.

(2) To pay any liabilities owed by the Commonwealth to

defendants or claimants who substantially prevail under

20150SB0869PN2076 - 27 -

subsection (l).

(3) Either:

(i) if, in the custody of the Attorney General, to

the Department of Revenue for deposit into the General

Fund; or

(ii) if, in the custody of the district attorney, to

the operating fund of the county in which the district

attorney is elected.

(g) Distribution of property among law enforcement

authorities.--If both municipal and State law enforcement

authorities were substantially involved in effecting the

seizure, the court having jurisdiction over the forfeiture

proceedings shall equitably distribute the property between the

district attorney and the Attorney General who shall dispose of

the property in accordance with subsections (e) and (f).

(h) Annual audit of forfeited property.--A county of this

Commonwealth shall provide, through the controller, board of

auditors or other appropriate auditor and the district attorney,

an annual audit of all forfeited property and proceeds obtained

under this section and the disposition thereof, as well as of

all fees awarded under subsection (l). The audit shall be

submitted to the Office of Attorney General by September 30 of

each year.

(i) Annual report.--The Attorney General shall annually

submit a report to the Appropriations Committee and Judiciary

Committee of the Senate and the Appropriations Committee and

Judiciary Committee of the House of Representatives describing

the forfeited property or proceeds thereof obtained under this

section, as well as the fees awarded under subsection (l). The

report shall include an accounting of all proceeds derived from

20150SB0869PN2076 - 28 -

the sale of forfeited property.

(j) Public access.--All accounting and audit records

generated under subsections (h) and (i) shall be subject to the

act of February 14, 2008 (P.L.6, No.3), known as the Right-to-

Know Law.

(k) Taxpayer standing.--A taxpayer of this Commonwealth has

standing to challenge in court any action contrary to subsection

(e), (f), (g), (h), (i) or (j).

(l) Fee shifting.--In any forfeiture proceeding under this

chapter in which the defendant or claimant substantially

prevails, the Commonwealth shall be liable for:

(1) Reasonable attorney fees and other litigation costs

reasonably incurred by the defendant or claimant.

(2) Postjudgment interest.

(3) In cases involving currency or other negotiable

instruments:

(i) Interest actually paid to the Commonwealth, from

the date of seizure or arrest of the property, that

results from the investment of the property in an

interest-bearing account or instrument.

(ii) An imputed amount of interest that the

currency, instruments or proceeds would have earned at

the rate applicable to the 30-day Treasury Bill, for any

period during which no interest was paid, not including

any period when the property reasonably was in use as

evidence in an official proceeding or in conducting

scientific tests for the purpose of collecting evidence,

commencing 15 days after the property was seized by a

State law enforcement authority or was turned over to a

State law enforcement authority by a Federal law

20150SB0869PN2076 - 29 -

enforcement authority.

§ 5803. Process for criminal asset forfeiture.

(a) Seizure.--

(1) Property subject to forfeiture under this chapter

may be seized by a law enforcement authority upon process

issued by any court of common pleas having jurisdiction.

(2) Seizure without process may be made if:

(i) the seizure is incident to an arrest or a search

under a search warrant or inspection under an

administrative inspection warrant and there is probable

cause to believe that the property is subject to

forfeiture under section 5802(c)(1) (relating to criminal

asset forfeiture in general);

(ii) the property subject to seizure has been the

subject of a prior judgment in favor of the Commonwealth

in a criminal injunction or forfeiture proceeding under

this chapter; or

(iii) there is probable cause to believe that the

property is subject to forfeiture under section 5802(c)

(1) and process or delay is likely to result in the

destruction or removal of the property or in its

otherwise being made unavailable for forfeiture.

(b) Seizure of real property.--Absent exigent circumstances,

no real property subject to forfeiture shall be seized unless

the Commonwealth first provides property owners and occupants

with notice and an opportunity for a hearing. The hearing shall

be conducted in accordance with subsections (d) and (e).

the law enforcement authority shall provide an itemized receipt

to the person in possession of the property or, in the absence

20150SB0869PN2076 - 30 -

of any person, leave a receipt in the place where the property

was found, if reasonably possible. The receipt shall provide

notice of the right of interest holders to move for the return

of seized property under subsections (d) and (e).

(d) Pretrial motion for return of seized property.--When

property has been seized for forfeiture and the defendant or

another putative interest holder in the property files a

pretrial motion for its return, the property shall promptly be

returned unless the Commonwealth proves that there is probable

cause that the property is subject to forfeiture.

(e) Hardship release of property subject to forfeiture.--

When the defendant or another putative interest holder in the

property files a motion for the hardship release of property,

the court shall order the release of seized property from the

seizing law enforcement authority pending the final

determination of forfeiture, if the putative interest holder

establishes by a preponderance of the evidence that:

(1) The putative interest holder has a possessory

interest in the property.

(2) Continued possession by the law enforcement

authority pending the final disposition of the forfeiture

proceedings will cause substantial hardship to the interest

holder, such as:

(i) preventing the functioning of a legitimate

business;

(ii) preventing an individual from working;

(iii) preventing a minor child or student from

attending school;

(iv) preventing or hindering an individual from

receiving necessary medical care;

20150SB0869PN2076 - 31 -

(v) hindering the care of an elderly or disabled

dependent child or adult;

(vi) leaving an individual homeless; or

(vii) any other condition that the court determines

causes a substantial hardship;

(3) The hardship from the continued possession by the

law enforcement authority of the seized property outweighs

the risk that the property will be unlawfully used, destroyed

or removed from the jurisdiction of the court or otherwise

made unavailable for forfeiture if it is returned to the

owner during the pendency of the proceeding.

(f) Initiation of forfeiture.--

(1) The proceedings for forfeiture of property shall be

tried in the same proceeding as the criminal case concerning

the determination of the defendant's guilt or innocence for

the underlying offense, unless the defendant moves to

bifurcate the trial of the forfeiture from the trial of the

underlying criminal case.

(2) An information or an indictment charging the

defendant with an offense shall include notice to the

defendant that the Commonwealth will seek forfeiture as part

of any sentence. The notice shall include:

(i) An itemized list of the specific property

subject to forfeiture, including, but not limited to, the

address of any real property, the exact dollar amount of

any money, negotiable instrument or security and the

make, model, year and license plate number of any

vehicle.

(ii) A statement of the time and place of the

offense.

20150SB0869PN2076 - 32 -

(iii) A description of the particular use of the

property in the commission of the offense or derivation

therefrom.

(g) Forfeiture phase of criminal proceeding.--After a person

is convicted on any count in an indictment or information for

which forfeiture is sought, the Commonwealth must establish at a

forfeiture hearing by clear and convincing evidence that the

property is forfeitable under section 5802(c)(1) before the

court enters a preliminary order of forfeiture.

(h) Extent of forfeitable interest.--If the court determines

it is in the interests of judicial economy, the court or jury

may determine the extent of the convicted person's forfeitable

interest in the property before a preliminary order of

forfeiture is entered. The determination shall be subject to

amendments under section 5804 (relating to process for third-

party interest holders).

(i) Right to trial by jury.--

(1) At the forfeiture hearing, the defendant shall have

the right to trial by jury of the forfeiture.

(2) The defendant may waive this right while preserving

the right to trial by jury of the offense charged or other

sentencing issues.

(3) Alternatively, the defendant may preserve this right

while waiving the right to trial by jury of the offense

charged or other sentencing issues.

(j) Excessive fines.--

(1) In order to enter a preliminary order of forfeiture

under section 5802(c)(1)(ii), the court must make a

determination that the forfeiture is not grossly

disproportional to the gravity of the underlying offense.

20150SB0869PN2076 - 33 -

(2) The Commonwealth shall have the burden of

establishing proportionality by clear and convincing

evidence.

(3) The value of property forfeited shall be determined

by considering, among other factors:

(i) Its market value.

(ii) Its subjective value to the defendant and the

defendant's family members.

(4) The gravity of the offense shall be determined by

considering, among other factors:

(i) The penalty imposed as compared to the maximum

penalty available for the offense upon which the

forfeiture is based.

(ii) Whether the offense was isolated or part of a

pattern of criminal conduct.

(iii) The specific harm resulting from the offense

upon which the forfeiture is based.

(k) Forfeiture of substitute property.--

(1) After entering a preliminary order of forfeiture,

the court may order the forfeiture of substitute property up

to the value of the property subject to the order, if the

Commonwealth establishes by clear and convincing evidence

that:

(i) The convicted person intentionally transferred,

sold or deposited the property to avoid the court's

jurisdiction.

(ii) The substitute property is owned solely by the

convicted person.

(2) No codefendant shall be subject to joint and several

liability for forfeiture judgments owed by other defendants

20150SB0869PN2076 - 34 -

under this subsection.

§ 5804. Process for third-party interest holders.

(a) Notice to third parties.--After the court enters a

preliminary order of forfeiture, the Commonwealth shall send

notice to any person who reasonably appears to be a potential

claimant with standing to contest the forfeiture in an ancillary

proceeding under subsection (i). Potential claimants include,

but are not limited to:

(1) Partial or joint owners of the property subject to

the preliminary order of forfeiture.

(2) Holders of a bona fide security interest in the

property subject to the preliminary order of forfeiture.

(3) Bona fide purchasers for value of the property

subject to the preliminary order of forfeiture.

(4) Obligees of court-ordered child support from the

convicted person.

(5) Claimants of employment-related compensation from

the convicted person.

(b) Contents of notice.--Notice shall include:

(1) A description of the specific property subject to

the preliminary order of forfeiture including, but not

limited to, the address of any real property, the exact

dollar amount of any money, negotiable instrument or

securities and the make, model, year and license plate number

of any vehicle.

(2) A statement that either:

(i) a petition contesting forfeiture must be filed

within 60 days of the date of receipt of certified mail

or personal service; or

(ii) in the case the service fails, a petition

20150SB0869PN2076 - 35 -

contesting forfeiture must be filed within 60 days of the

date of final publication of substitute notice;

(3) A statement describing the required contents of a

petition contesting forfeiture as set forth in subsection

(h).

(4) The name and contact information for the

Commonwealth attorney to be served with the petition.

(5) The signature of the Attorney General, Deputy

Attorney General, district attorney, deputy district attorney

or assistant district attorney.

personally or by certified mail on the potential claimant.

(d) Substitute notice.--If a potential claimant cannot be

personally served or located within the jurisdiction of the

court, notice of the petition shall be provided by the

Commonwealth through an advertisement reasonably calculated to

provide notice to the potential claimant:

(1) in a newspaper of general circulation published in

the county where the property was seized, once a week for two

successive weeks; and

(2) on the publicly accessible Internet website of the

prosecuting attorney for a period of two weeks.

(e) Potential claimants not in jurisdiction.--For purposes

of this section, it shall be deemed that a potential claimant

cannot be located in the jurisdiction of the court if:

(1) A copy of the petition is mailed to the potential

claimant's last known address by certified mail and is

returned without delivery.

(2) Personal service is attempted once, but cannot be

made at the last known address.

20150SB0869PN2076 - 36 -

(3) A copy of the petition is left at the last known

address.

(f) Proof of notice.--The Commonwealth shall file proof of

notice with the court. No forfeiture order shall be final until

the court finds that such proof satisfies the notice

requirements under subsections (a), (b), (c), (d) and (e).

(g) Petitioning for hearing.--A person, other than the

defendant, asserting a legal interest in property subject to a

preliminary order of forfeiture under section 5803(g) (relating

to process for criminal asset forfeiture) may, within 60 days of

the date of receipt of certified mail or personal service or, in

the case such service fails, the date of final publication of

substitute notice, petition the court for a hearing to

adjudicate the validity of the person's alleged interest in the

property.

(h) Contents of third-party claimant petition.--The petition

shall:

(1) Be signed by the petitioner under penalty of

perjury.

(2) Describe the nature and extent of the petitioner's

right, title or interest in the property, the time and

circumstances of the petitioner's acquisition of the right,

title or interest in the property and any additional facts

supporting the petitioner's claim.

(3) Identify the relief sought, which may include, but

need not be limited to:

(i) return of the petitioner's property;

(ii) reimbursement for the petitioner's legal

interest in the forfeited property;

(iii) severance of the petitioner's property from

20150SB0869PN2076 - 37 -

the forfeited property;

(iv) retention of the property by the petitioner

subject to a lien in favor of the State to the extent of

the forfeitable interest;

(v) any relief the court deems appropriate and just.

(i) Ancillary proceeding in general.--

(1) If a third party claimant timely files a petition

asserting a legal interest in property to be forfeited, the

court shall conduct an ancillary proceeding, no later than

four months after entry of the preliminary order of

forfeiture. The hearing shall be a civil proceeding and the

petitioner shall have a right to a jury trial.

(2) The hearing on the petition shall, to the extent

practicable and consistent with the interests of justice, be

held within 30 days of the filing of the petition. The court

may consolidate the hearing on the petition with a hearing on

any other petition filed under this subsection related to the

same underlying offense.

(3) At the hearing, the petitioner may testify and

present evidence and witnesses on the petitioner's own

behalf, and cross-examine witnesses who appear at the

hearing. The Commonwealth may present evidence and witnesses

in rebuttal and in defense of its claim to forfeit the

property and may cross-examine witnesses who appear at the

hearing. In addition to testimony and evidence presented at

the hearing, the court shall consider any relevant portions

of the record of the criminal case that resulted in the order

of forfeiture.

(4) If, after the hearing, the court determines that the

petitioner has established by a preponderance of the evidence

20150SB0869PN2076 - 38 -

that:

(i) the petitioner has a legal right, title or

interest in the property and such right, title or

interest renders the preliminary order of forfeiture

invalid in whole or in part because the right, title or

interest was vested in the petitioner rather than the

defendant or was superior to any right, title or interest

of the defendant at the time of the commission of the

acts which gave rise to the forfeiture of the property

under this chapter; or

(ii) the petitioner is a bona fide purchaser for

value of the right, title or interest in the property and

was at the time of purchase reasonably without cause to

believe that the property was subject to forfeiture under

this section.

The court shall amend the order of forfeiture in accordance

with its determination.

(j) Entering a final order.--

(1) When the ancillary proceeding ends, the court shall

enter a final order of forfeiture by amending the preliminary

order as necessary to account for any third-party rights or

interests.

(2) If no third party files a timely petition, the

preliminary order shall become the final order of forfeiture.

§ 5805. Interaction with the Federal Government.

(a) Prohibition on adoptive seizures.--State law enforcement

authorities shall not refer seized property to a Federal agency

seeking the adoption by the Federal agency of the seized

property. Nothing in this chapter shall be construed to prohibit

the Federal Government, or any of its agencies, from seeking

20150SB0869PN2076 - 39 -

Federal forfeiture.

(b) Sharing of seized property.--All property, money or

other things of value received by a State law enforcement

authority under Federal law which authorizes the sharing or

transfer of all or a portion of forfeited property or the

proceeds of the sale of forfeited property to a State law

enforcement authority shall be promptly transferred, sold and

deposited as set forth in section 5803(e), (f), (g), (h) and (i)

(relating to process for criminal asset forfeiture), if Federal

law prohibits compliance with section 5803(e), (f), (g), (h) and

(i), State law enforcement authorities shall not seek forfeited

property or proceeds of the sale of forfeited property shared or

transferred under Federal law.

authority that violates subsection (a) is civilly liable to the

State for three times the amount of the forfeiture diverted and

for costs of suit and reasonable attorney fees. Any damages

awarded to the State shall be paid to the State Treasury to the

credit of the General Fund. Any agent, including a State law

enforcement officer who is detached to, deputized or

commissioned by, or working in conjunction with a Federal law

enforcement authority, who knowingly transfers or otherwise

trades seized property in violation of subsection (a) or who

receives property, money or other things of value under

subsection (b) and knowingly fails to transfer such property in

accordance with that subsection is guilty of a misdemeanor of

the second degree.

Section 8. Sections 6801 and 6802(a), (f), (j) and (k) of

Title 42 are amended to read:

§ 6801. Controlled substances forfeiture.

20150SB0869PN2076 - 40 -

[(a) Forfeitures generally.--The following shall be subject

to forfeiture to the Commonwealth and no property right shall

exist in them:

(1) All drug paraphernalia, controlled substances or

other drugs which have been manufactured, distributed,

dispensed or acquired in violation of the act of April 14,

1972 (P.L.233, No.64), known as The Controlled Substance,

Drug, Device and Cosmetic Act.

(2) All raw materials, products and equipment of any

kind which are used, or intended for use, in manufacturing,

compounding, processing, delivering, importing or exporting

any controlled substance or other drug in violation of The

Controlled Substance, Drug, Device and Cosmetic Act.

(3) All property which is used, or intended for use, as

a container for property described in paragraph (1) or (2).

(4) All conveyances, including aircraft, vehicles or

vessels, which are used or are intended for use to transport,

or in any manner to facilitate the transportation, sale,

receipt, possession or concealment of, property described in

paragraph (1) or (2), except that:

(i) no conveyance used by any person as a common

carrier in the transaction of business as a common

carrier shall be forfeited under the provisions of this

section unless it shall appear that the owner or other

person in charge of such conveyance was a consenting

party or privy to a violation of The Controlled

Substance, Drug, Device and Cosmetic Act;

(ii) no conveyance shall be forfeited under the

provisions of this section by reason of any act or

omission established by the owner thereof to have been

20150SB0869PN2076 - 41 -

committed or omitted without his knowledge or consent,

which absence of knowledge or consent must be reasonable

under the circumstances presented;

(iii) no bona fide security interest retained or

acquired under 13 Pa.C.S. (relating to commercial code)

by any merchant dealing in new or used aircraft, vehicles

or vessels, or retained or acquired by any licensed or

regulated finance company, bank or lending institution,

or by any other business regularly engaged in the

financing of, or lending on the security of, such

aircraft, vehicles or vessels, shall be subject to

forfeiture or impairment; and

(iv) no conveyance shall be forfeited under this

section for violation of section 13(a)(31) of The

Controlled Substance, Drug, Device and Cosmetic Act.

(5) All books, records and research, including formulas,

microfilm, tapes and data, which are used or intended for use

in violation of The Controlled Substance, Drug, Device and

Cosmetic Act.

(6) (i) All of the following:

(A) Money, negotiable instruments, securities or

other things of value furnished or intended to be

furnished by any person in exchange for a controlled

substance in violation of The Controlled Substance,

Drug, Device and Cosmetic Act, and all proceeds

traceable to such an exchange.

(B) Money, negotiable instruments, securities or

other things of value used or intended to be used to

facilitate any violation of The Controlled Substance,

Drug, Device and Cosmetic Act.

20150SB0869PN2076 - 42 -

facilitate any violation of The Controlled Substance,

Drug, Device and Cosmetic Act, including structures

or other improvements thereon, and including any

right, title and interest in the whole or any lot or

tract of land and any appurtenances or improvements,

which is used, or intended to be used, in any manner

or part, to commit, or to facilitate the commission

of, a violation of The Controlled Substance, Drug,

Device and Cosmetic Act, and things growing on,

affixed to and found in the land.

(ii) No property shall be forfeited under this

paragraph, to the extent of the interest of an owner, by

reason of any act or omission established by the owner to

have been committed or omitted without the knowledge or

consent of that owner. Such money and negotiable

instruments found in close proximity to controlled

substances possessed in violation of The Controlled

Substance, Drug, Device and Cosmetic Act shall be

rebuttably presumed to be proceeds derived from the

selling of a controlled substance in violation of The

Controlled Substance, Drug, Device and Cosmetic Act.

(iii) No valid lien or encumbrance on real property

shall be subject to forfeiture or impairment under this

paragraph. A lien which is fraudulent or intended to

avoid forfeiture under this section shall be invalid.

(7) Any firearms, including, but not limited to, rifles,

shotguns, pistols, revolvers, machine guns, zip guns or any

type of prohibited offensive weapon, as that term is defined

in 18 Pa.C.S. (relating to crimes and offenses), which are

20150SB0869PN2076 - 43 -

used or intended for use to facilitate a violation of The

Controlled Substance, Drug, Device and Cosmetic Act. Such

operable firearms as are found in close proximity to

illegally possessed controlled substances shall be rebuttably

presumed to be used or intended for use to facilitate a

violation of The Controlled Substance, Drug, Device and

Cosmetic Act. All weapons forfeited under this section shall

be immediately destroyed by the receiving law enforcement

agency.

(b) Process and seizure.--Property subject to forfeiture

under this chapter may be seized by the law enforcement

authority upon process issued by any court of common pleas

having jurisdiction over the property. Seizure without process

may be made if:

(1) the seizure is incident to an arrest or a search

under a search warrant or inspection under an administrative

inspection warrant;

(2) the property subject to seizure has been the subject

of a prior judgment in favor of the Commonwealth in a

criminal injunction or forfeiture proceeding under this

chapter;

(3) there is probable cause to believe that the property

is dangerous to health or safety; or

(4) there is probable cause to believe that the property

has been used or is intended to be used in violation of The

Controlled Substance, Drug, Device and Cosmetic Act.

process occurs, as provided herein, proceedings for the issuance

thereof shall be instituted forthwith.

(d) Custody of property.--Property taken or detained under

20150SB0869PN2076 - 44 -

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 or the Attorney General. When property is seized under

this chapter, the law enforcement authority shall place the

property under seal and either:

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

(2) require that the district attorney or Attorney

General take custody of the property and remove it to an

appropriate location for disposition in accordance with law.

(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

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 balance of the proceeds

shall be dealt with in accordance with subsections (f) and

(g).

(f) Use of cash or proceeds of property.--Cash or proceeds

of forfeited property transferred to the custody of the district

attorney pursuant to subsection (e) shall be placed in the

20150SB0869PN2076 - 45 -

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.

(g) Distribution of property among law enforcement

authorities.--If both municipal and State law enforcement

authorities were substantially involved in effecting the

seizure, the court having jurisdiction over the forfeiture

proceedings shall equitably distribute the property between the

district attorney and the Attorney General.

(h) Authorization to utilize property.--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. 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.

(i) Annual audit of forfeited property.--It shall be the

responsibility of every county in this Commonwealth to provide,

through the controller, board of auditors or other appropriate

auditor and the district attorney, an annual audit of all

forfeited property and proceeds obtained under this section. The

audit shall not be made public but shall be submitted to the

Office of Attorney General. The county shall report all

20150SB0869PN2076 - 46 -

forfeited property and proceeds obtained under this section and

the disposition thereof to the Attorney General by September 30

of each year.

(j) Annual report; confidential information regarding

property.--The Attorney General shall annually submit a report,

to the Appropriations and Judiciary Committees of the Senate and

to the Appropriations and Judiciary Committees of the House of

Representatives, specifying the forfeited property or proceeds

thereof obtained under this section. The report shall give an

accounting of all proceeds derived from the sale of forfeited

property and the use made of unsold forfeited property. The

Attorney General shall adopt procedures and guidelines governing

the release of information by the district attorney to protect

the confidentiality of forfeited property or proceeds used in

ongoing drug enforcement activities.

(k) Proceeds and appropriations.--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.] Forfeiture of property shall be authorized for

violation of the act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic Act, and

conducted in accordance with Chapter 58 (relating to asset

forfeiture). No conveyance may be forfeited under this section

for a violation of section 13(a)(31) of The Controlled

Substance, Drug, Device and Cosmetic Act.

§ 6802. Procedure with respect to seized property subject to

liens and rights of lienholders.

(a) General procedure.--The proceedings for the forfeiture

or condemnation of property, the sale of which is provided for

in this chapter, shall be in rem, in which the Commonwealth

20150SB0869PN2076 - 47 -

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:

(1) A description of the property seized.

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

(3) The owner, if known.

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

(5) An allegation that the property is subject to

forfeiture pursuant to section [6801(a) (relating to

controlled substances forfeiture) or] 6801.1(a) (relating to

terrorism forfeiture) and an averment of material facts upon

which the forfeiture action is based.

(6) 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.

* * *

(f) Preservation of the property subject for forfeiture.--

Upon application of the Commonwealth, the court may enter a

restraining order or injunction, require the execution of a

satisfactory performance bond or take any other action to

preserve the availability of property described in section

[6801(a) or] 6801.1(a) for forfeiture under this section either:

(1) upon the filing of an information or an indictment

charging an offense in this Commonwealth for which criminal

forfeiture may be ordered under this chapter and alleging

that the property with respect to which the order is sought

would be subject to forfeiture; or

20150SB0869PN2076 - 48 -

(2) prior to the filing of such an indictment or

information, if, after notice to persons appearing to have an

interest in the property and an opportunity for a hearing,

the court determines that:

(i) there is a substantial probability that the

Commonwealth will prevail on the issue of forfeiture and

that failure to enter the order will result in the

property being destroyed, removed from the jurisdiction

of the court or otherwise made unavailable for

forfeiture; and

(ii) the need to preserve the availability of the

property through the entry of the requested order

outweighs the hardship on any party against whom the

order is to be entered.

However, an order entered pursuant to this paragraph shall be

effective for not more than 90 days unless extended by the

court for good cause shown or unless an indictment or

information described in paragraph (1) has been filed.

* * *

(j) Owner's burden of proof.--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 section [6801(a) or] 6801.1(a), the burden

shall be upon the claimant to show:

(1) That the claimant is the owner of the property or

the holder of a chattel mortgage or contract of conditional

sale thereon.

(2) That the claimant lawfully acquired the property.

(3) That it was not unlawfully used or possessed by him.

In the event that it shall appear that the property was

20150SB0869PN2076 - 49 -

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.

(k) Court-ordered release of property.--If a person claiming

the ownership of or right of possession to or claiming to be the

holder of a chattel mortgage or contract of conditional sale

upon the property, the disposition of which is provided for in

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 Attorney

General or 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 section [6801(e) or] 6801.1(f).

Section 9. Sections 4909(c), 9405(a), (b), (c)(1), (d), (i)

and (j) and 9406 of Title 75 are amended to read:

§ 4909. Transporting foodstuffs in vehicles used to transport

waste.

* * *

the commission of an offense under this section shall be deemed

20150SB0869PN2076 - 50 -

contraband and forfeited [to the Department of Environmental

Resources. The provisions of law relating to the seizure,

summary and judicial forfeiture, and condemnation of

intoxicating liquor shall apply to seizures and forfeitures

under this section. Proceeds from the sale of forfeited vehicles

or conveyances shall be deposited in the Solid Waste Abatement

Fund] in accordance with 42 Pa.C.S. Ch. 58 (relating to asset

forfeiture).

* * *

§ 9405. Forfeitures; process and procedures.

(a) Subjects of forfeiture.--The following are subject to

forfeiture to the Commonwealth and no property right shall exist

in them:

(1) Any liquid fuels or fuels produced in or imported

into this Commonwealth by any distributor who does not

possess a valid liquid fuels tax permit or fuels permit as

required by section 9003 (relating to liquid fuels and fuels

permits; bond or deposit of securities), except liquid fuels

or fuels imported in barrels, drums or similar containers

with a capacity of not more than 55 gallons in each barrel,

drum or container.

(2) All conveyances, including vehicles or vessels, used

to transport liquid fuels or fuels as described in paragraph

(1). [except:

(i) no conveyance used by any person as a common

carrier in the transaction of business as a common

carrier is subject to forfeiture under this section

unless it appears that the owner or other person in

charge of the conveyance is a consenting party or privy

to a violation of Chapter 90 (relating to liquid fuels

20150SB0869PN2076 - 51 -

and fuels tax); and

(ii) no bona fide security interest retained or

acquired under Title 13 (relating to commercial code) by

any merchant dealing in new or used vehicles or vessels,

or retained or acquired by any licensed or regulated

finance company, bank, lending institution or by any

other business regularly engaged in the financing of or

lending on the security of such vehicles or vessels,

shall be subject to forfeiture or impairment.] Forfeiture

of such conveyances shall be conducted in accordance with

42 Pa.C.S. Ch. 58 (relating to asset forfeiture).

(b) Method of seizure.--[Property] Liquid fuels or fuels

subject to forfeiture under this section may be seized by the

Department of Revenue upon process issued by any court of common

pleas having jurisdiction over the property. Seizure without

process may be made if the seizure is incident to an inspection

or arrest for a violation of this chapter or Chapter 90.

(1) No [property] liquid fuels or fuels seized in

accordance with this section, when in the custody of the

Department of Revenue, shall be seized or taken therefrom by

any writ of replevin or other judicial process unless a

petition for forfeiture is not timely filed.

* * *

(d) In rem proceedings.--The proceedings for the forfeiture

of any liquid fuels or fuels [or conveyances] seized under this

section shall be in rem. The Commonwealth shall be the plaintiff

and the property shall be the defendant. A petition shall be

filed, within five days after seizure, in the court of common

pleas of the county in which the property was seized by revenue

20150SB0869PN2076 - 52 -

agents of the Department of Revenue, verified by oath or

affirmation of any revenue agent. In the event that the petition

is not filed within the time prescribed herein, the seized

property shall be immediately returned to the person from whom

seized or the owner thereof.

* * *

(i) Standard of proof.--The claimant shall have the burden

of proving that he is not subject to the provisions of this

section, but the burden of proof shall be upon the Commonwealth

to prove all other facts necessary for the forfeiture of the

property. In the event that the Commonwealth has not met its

burden by a preponderance of the evidence or the claimant has

proved that he is not subject to the provisions of this section,

the court shall order the property returned to the claimant;

otherwise, the court shall order the property forfeited to the

Commonwealth. [In the case of a motor vehicle, vessel or

conveyance, should the claimant prove to the satisfaction of the

court that he is the registered owner of the motor vehicle,

vessel or conveyance and that he did not know or have reason to

know that it was being used to transport liquid fuels or fuels

in violation of the provisions of section 9404 (relating to

violations and penalties) or 9019 (relating to diesel fuel

importers and transporters; prohibiting use of dyed diesel fuel

on highways; violations and penalties), the court in its

discretion may order the motor vehicle, vessel or conveyance

returned to the claimant.

(j) Encumbered motor vehicle.--In the case of a motor

vehicle, should the claimant prove that he holds a valid

encumbrance upon such motor vehicle, notice of which encumbrance

has been duly noted on the certificate of title to the motor

20150SB0869PN2076 - 53 -

vehicle in accordance with the provisions of Chapter 11

(relating to certificate of title and security interests), the

forfeiture shall be subject to such encumbrance as of the date

of the seizure less prepaid or unearned interest. Before the

motor vehicle may be sold, exchanged or otherwise transferred or

retained for use by the Commonwealth, the outstanding amount of

the encumbrance shall be paid to the claimant or possession of

the motor vehicle shall be turned over to the claimant who shall

expose the same to public sale and shall pay over to the

Commonwealth any amount realized in excess of the outstanding

amount of such encumbrance less the reasonable costs incurred by

claimant in conducting such sale.]

§ 9406. Disposition of fines and forfeitures.

All fines imposed under this chapter and the net proceeds

received from the sale of forfeited [property] liquid fuels or

fuels shall be payable to the Commonwealth and credited to the

Motor License Fund.

Section 10. Notwithstanding any other provision of law to

the contrary, the following forfeitures shall be conducted in

accordance with 42 Pa.C.S. Ch. 58:

(1) The forfeiture of property specified in section 1 of

the act of July 3, 1941 (P.L.263, No.121), entitled "An act

providing for the forfeiture and condemnation of vehicles

used to store, possess or transport narcotics or drugs, the

possession or transportation of which is in violation of

law."

(2) The seizure of property specified in sections 211(a)

(3) and 601 of the act of April 12, 1951 (P.L.90, No.21),

known as the Liquor Code.

(3) The forfeiture of property specified in section 1285

20150SB0869PN2076 - 54 -

of the act of March 4, 1971 (P.L.6, No.2), known as the Tax

Reform Code of 1971.

(4) The forfeiture of property specified in section 614

of the act of July 7, 1980 (P.L.380, No.97), known as the

Solid Waste Management Act.

(5) The forfeiture of property specified in section 1715

of the act of July 28, 1988 (P.L.556, No.101), known as the

Municipal Waste Planning, Recycling and Waste Reduction Act.

(6) The forfeiture of property specified in section 1 of

the act of December 1, 2004 (P.L.1766, No.227), entitled "An

act authorizing cities of the first class that have adopted a

home rule charter to enforce ordinances, rules and

regulations prohibiting dumping or disposal of waste, trash

or debris."

Section 11. Repeals are as follows:

(a) The General Assembly finds that the repeals under

subsections (b) and (c) are necessary to effectuate the addition

of 42 Pa.C.S. Ch. 58.

(b) Sections 602 and 603(a) and (b) of the act of April 12,

1951 (P.L.90, No.21), known as the Liquor Code, are repealed to

the extent of any inconsistency with this act.

absolutely:

(1) Sections 2, 3, 4 and 5 of the act of July 3, 1941

(P.L.263, No.121), entitled "An act providing for the

forfeiture and condemnation of vehicles used to store,

possess or transport narcotics or drugs, the possession or

transportation of which is in violation of law."

(2) Section 603(c) of the act of April 12, 1951 (P.L.90,

No.21), known as the Liquor Code.

20150SB0869PN2076 - 55 -

(3) Section 1285(f), (g), (h), (i), (j), (k), (l), (m)

and (n) of the act of March 4, 1971 (P.L.6, No.2), known as

the Tax Reform Code of 1971.

Section 12. This act shall take effect in 90 days.

SECTION 1. SECTION 1518(F) OF TITLE 4 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED TO READ:

§ 1518. PROHIBITED ACTS; PENALTIES.

* * *

(F) PROPERTY SUBJECT TO SEIZURE, CONFISCATION, DESTRUCTION

OR FORFEITURE.--ANY EQUIPMENT, DEVICE OR APPARATUS, MONEY,

MATERIAL, GAMING PROCEEDS OR SUBSTITUTED PROCEEDS OR REAL OR

PERSONAL PROPERTY USED, OBTAINED OR RECEIVED OR ANY ATTEMPT TO

USE, OBTAIN OR RECEIVE THE DEVICE, APPARATUS, MONEY, MATERIAL,

PROCEEDS OR REAL OR PERSONAL PROPERTY IN VIOLATION OF THIS PART

SHALL BE SUBJECT TO [SEIZURE, CONFISCATION, DESTRUCTION OR

FORFEITURE] THE PROVISIONS OF 42 PA.C.S. CH. 58 (RELATING TO

FORFEITURE OF ASSETS).

SECTION 2. SECTION 910(C.1) OF TITLE 18 IS AMENDED TO READ:

§ 910. MANUFACTURE, DISTRIBUTION, USE OR POSSESSION OF DEVICES

FOR THEFT OF TELECOMMUNICATIONS SERVICES.

* * *

(C.1) FORFEITURE OF UNLAWFUL TELECOMMUNICATION DEVICES.--

UPON CONVICTION OF A DEFENDANT UNDER THIS SECTION, THE COURT

MAY, IN ADDITION TO ANY OTHER SENTENCE AUTHORIZED BY LAW, DIRECT

THAT THE DEFENDANT FORFEIT ANY UNLAWFUL TELECOMMUNICATION

DEVICES IN THE DEFENDANT'S POSSESSION OR CONTROL WHICH WERE

INVOLVED IN THE VIOLATION FOR WHICH THE DEFENDANT WAS CONVICTED.

THE FORFEITURE SHALL BE CONDUCTED IN ACCORDANCE WITH 42 PA.C.S.

CH. 58 (RELATING TO FORFEITURE OF ASSETS).

* * *

20150SB0869PN2076 - 56 -

<--

SECTION 2.1. SECTION 2717 OF TITLE 18 IS AMENDED BY ADDING A

SUBSECTION TO READ:

§ 2717. TERRORISM.

* * *

(B.1) FORFEITURE.--EACH FOREIGN OR DOMESTIC ASSET RELATED TO

TERRORISM, INCLUDING THE FOLLOWING, SHALL BE SUBJECT TO

FORFEITURE UNDER 42 PA.C.S. CH. 58 (RELATING TO FORFEITURE OF

ASSETS) AND NO PROPERTY RIGHT SHALL EXIST IN THE ASSET:

(1) EACH FOREIGN OR DOMESTIC ASSET:

(I) OF AN INDIVIDUAL, ENTITY OR ORGANIZATION ENGAGED

IN PLANNING OR PERPETRATING AN ACT IN THIS COMMONWEALTH

WHICH VIOLATES THIS SECTION AND EACH FOREIGN OR DOMESTIC

ASSET AFFORDING A PERSON A SOURCE OF INFLUENCE OVER THE

ENTITY OR ORGANIZATION.

(II) ACQUIRED OR MAINTAINED BY A PERSON WITH THE

INTENT AND FOR THE PURPOSE OF SUPPORTING, PLANNING,

CONDUCTING OR CONCEALING AN ACT IN THIS COMMONWEALTH

WHICH VIOLATES THIS SECTION.

(III) DERIVED FROM, INVOLVED IN OR USED OR INTENDED

TO BE USED TO COMMIT AN ACT IN THIS COMMONWEALTH WHICH

VIOLATES THIS SECTION.

(2) EACH ASSET WITHIN THIS COMMONWEALTH:

(I) OF AN INDIVIDUAL, ENTITY OR ORGANIZATION ENGAGED

IN PLANNING OR PERPETRATING AN ACT WHICH VIOLATES THIS

SECTION.

(II) ACQUIRED OR MAINTAINED WITH THE INTENT AND FOR

THE PURPOSE OF SUPPORTING, PLANNING, CONDUCTING OR

CONCEALING AN ACT WHICH VIOLATES THIS SECTION.

(III) DERIVED FROM, INVOLVED IN OR USED OR INTENDED

TO BE USED TO COMMIT AN ACT WHICH VIOLATES THIS SECTION.

20150SB0869PN2076 - 57 -

* * *

SECTION 2.2. SECTION 3141 OF TITLE 18 IS AMENDED TO READ:

§ 3141. GENERAL RULE.

A PERSON:

(1) CONVICTED UNDER SECTION 3121 (RELATING TO RAPE),

3122.1 (RELATING TO STATUTORY SEXUAL ASSAULT), 3123 (RELATING

TO INVOLUNTARY DEVIATE SEXUAL INTERCOURSE), 3124.1 (RELATING

TO SEXUAL ASSAULT), 3125 (RELATING TO AGGRAVATED INDECENT

ASSAULT) OR 3126 (RELATING TO INDECENT ASSAULT); OR

(2) REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE

POLICE UNDER 42 PA.C.S. CH. 97 SUBCH. H (RELATING TO

REGISTRATION OF SEXUAL OFFENDERS);

MAY BE REQUIRED TO FORFEIT PROPERTY RIGHTS IN ANY PROPERTY OR

ASSETS USED TO IMPLEMENT OR FACILITATE COMMISSION OF THE CRIME

OR CRIMES OF WHICH THE PERSON HAS BEEN CONVICTED. [SUCH PROPERTY

MAY INCLUDE, BUT IS NOT LIMITED TO, A COMPUTER OR COMPUTERS,

TELEPHONE EQUIPMENT, FIREARMS, LICIT OR ILLICIT PRESCRIPTION

DRUGS OR CONTROLLED SUBSTANCES, A MOTOR VEHICLE OR SUCH OTHER

PROPERTY OR ASSETS AS DETERMINED BY THE COURT OF COMMON PLEAS TO

HAVE FACILITATED THE PERSON'S CRIMINAL MISCONDUCT.] THE

FORFEITURE SHALL BE CONDUCTED IN ACCORDANCE WITH 42 PA.C.S. CH.

58 (RELATING TO FORFEITURE OF ASSETS).

SECTION 3. SECTIONS 3142, 3143 AND 3144 OF TITLE 18 ARE

REPEALED:

[§ 3142. PROCESS AND SEIZURE.

(A) SEIZURE.--PROPERTY SUBJECT TO FORFEITURE UNDER THIS

SECTION MAY BE SEIZED BY LAW ENFORCEMENT AUTHORITY UPON PROCESS

ISSUED BY THE COURT OF COMMON PLEAS HAVING JURISDICTION OVER THE

PERSON OR PROPERTY.

(B) SEIZURE WITHOUT PROCESS.--SEIZURE WITHOUT PROCESS MAY BE

20150SB0869PN2076 - 58 -

MADE IF THE SEIZURE IS INCIDENT TO AN ARREST OR A SEARCH UNDER A

SEARCH WARRANT AND THERE IS PROBABLE CAUSE TO BE BELIEVE THAT

THE PROPERTY WAS OR IS MATERIAL TO THE CHARGES FOR WHICH THE

ARREST OR SEARCH WARRANT WAS ISSUED. IN SEIZURES WITHOUT

PROCESS, PROCEEDINGS FOR THE ISSUANCE THEREOF SHALL BE

INSTITUTED IMMEDIATELY.

THAN THE CONVICTED SEX OFFENDER OR REGISTRANT SHALL BE RETURNED

IF THE OFFENSE WAS COMMITTED WITHOUT THE KNOWLEDGE OR CONSENT OF

THE OWNER.

§ 3143. CUSTODY OF PROPERTY.

PROPERTY TAKEN OR DETAINED UNDER THIS SUBCHAPTER IS DEEMED TO

BE THE PROPERTY OF THE LAW ENFORCEMENT AUTHORITY HAVING CUSTODY

THEREOF AND IS SUBJECT ONLY TO THE COURT OF COMMON PLEAS HAVING

JURISDICTION OVER THE CRIMINAL OR FORFEITURE PROCEEDINGS, THE

DISTRICT ATTORNEY IN THE MATTER OR THE ATTORNEY GENERAL.

§ 3144. DISPOSAL OF PROPERTY.

PROPERTY TAKEN OR DETAINED PURSUANT TO THE PROVISIONS OF THIS

SUBCHAPTER SHALL BE SOLD IN THE MANNER OF PROPERTY FORFEITED

UNDER 42 PA.C.S. CH. 68 (RELATING TO FORFEITURES). THE NET

PROCEEDS, AS DETERMINED BY THE LAW ENFORCEMENT AUTHORITY HAVING

CUSTODY THEREOF, SHALL BE UTILIZED FOR INVESTIGATION OR

PROSECUTION OF SEXUAL OFFENSES OR DONATED TO NONPROFIT

CHARITABLE INSTITUTIONS WHICH PROVIDE COUNSELING AND OTHER

ASSISTANCE TO VICTIMS OF SEXUAL OFFENSES.]

SECTION 4. SECTIONS 4116(I), 4119(F)(2)(I), 5513(B), 5707,

6314(F), 6501(B)(5) AND (D), 7508(E) AND 7707 OF TITLE 18 ARE

AMENDED TO READ:

§ 4116. COPYING; RECORDING DEVICES.

* * *

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(I) FORFEITURE.--

(1) NO PROPERTY RIGHT SHALL EXIST IN ANY PROPERTY USED

OR INTENDED FOR USE IN THE COMMISSION OF A VIOLATION OF THIS

SECTION OR IN ANY PROCEEDS TRACEABLE TO A VIOLATION OF THIS

SECTION, AND THE SAME SHALL BE DEEMED CONTRABAND AND

FORFEITED IN ACCORDANCE WITH THE PROVISIONS [SET FORTH IN

SECTION 6501(D) (RELATING TO SCATTERING RUBBISH)] OF 42

PA.C.S. CH. 58 (RELATING TO FORFEITURE OF ASSETS).

[(2) PROPERTY AND PROCEEDS FOUND IN CLOSE PROXIMITY TO

ILLEGALLY RECORDED DEVICES SHALL BE REBUTTABLY PRESUMED TO BE

USED OR INTENDED FOR USE TO FACILITATE A VIOLATION OF THIS

SECTION.]

(3) THE PROVISIONS OF THIS SUBSECTION SHALL NOT, IN ANY

WAY, LIMIT THE RIGHT OF THE COMMONWEALTH TO EXERCISE ANY

RIGHTS OR REMEDIES OTHERWISE PROVIDED BY LAW.

§ 4119. TRADEMARK COUNTERFEITING.

* * *

(F) SEIZURE, FORFEITURE AND DISPOSITION.--

* * *

(2) (I) ALL SEIZED PERSONAL PROPERTY AND PROPERTY

CONSTITUTING OR DERIVED FROM ANY PROCEEDS REFERENCED IN

PARAGRAPH (1) SHALL BE FORFEITED IN ACCORDANCE WITH [THE

PROCEDURES SET FORTH IN SECTION 6501(D) (RELATING TO

SCATTERING RUBBISH)] 42 PA.C.S. CH. 58 (RELATING TO

FORFEITURE OF ASSETS).

* * *

§ 5513. GAMBLING DEVICES, GAMBLING, ETC.

* * *

(B) CONFISCATION OF GAMBLING DEVICES.--ANY GAMBLING DEVICE

POSSESSED OR USED IN VIOLATION OF THE PROVISIONS OF SUBSECTION

20150SB0869PN2076 - 60 -

(A) [OF THIS SECTION] SHALL BE SEIZED AND FORFEITED TO THE

COMMONWEALTH. [ALL PROVISIONS OF LAW RELATING TO THE SEIZURE,

SUMMARY AND JUDICIAL FORFEITURE, AND CONDEMNATION OF

INTOXICATING LIQUOR SHALL APPLY TO SEIZURES AND FORFEITURES

UNDER THE PROVISIONS OF THIS SECTION.] THE FORFEITURE SHALL BE

CONDUCTED IN ACCORDANCE WITH 42 PA.C.S. CH. 58 (RELATING TO

FORFEITURE OF ASSETS).

* * *

§ 5707. SEIZURE AND FORFEITURE OF ELECTRONIC, MECHANICAL OR

OTHER DEVICES.

ANY ELECTRONIC, MECHANICAL OR OTHER DEVICE POSSESSED, USED,

SENT, DISTRIBUTED, MANUFACTURED, OR ASSEMBLED IN VIOLATION OF

THIS CHAPTER IS HEREBY DECLARED TO BE CONTRABAND AND MAY BE

SEIZED AND FORFEITED TO THE COMMONWEALTH IN ACCORDANCE WITH 42

PA.C.S. CH. 58 (RELATING TO FORFEITURE OF ASSETS).

§ 6314. SENTENCING AND PENALTIES FOR TRAFFICKING DRUGS TO

MINORS.

* * *

(F) FORFEITURE.--ASSETS AGAINST WHICH A PETITION SEEKING

FORFEITURE [PETITION] HAS BEEN FILED AND IS PENDING OR AGAINST

WHICH THE COMMONWEALTH HAS INDICATED AN INTENTION TO FILE A

[FORFEITURE] PETITION SEEKING FORFEITURE SHALL NOT BE SUBJECT TO

A FINE UNDER THIS SECTION.

* * *

§ 6501. SCATTERING RUBBISH.

* * *

(B) PENALTY.--

* * *

(5) ANY VEHICLE, EQUIPMENT OR CONVEYANCE, INCLUDING ANY

PRIVATE AUTOMOBILE AND SMALL TRUCK, USED FOR THE

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TRANSPORTATION OR DISPOSAL OF TRASH, GARBAGE OR DEBRIS IN THE

COMMISSION OF A SECOND OR SUBSEQUENT OFFENSE UNDER SUBSECTION

(A)(3) MAY BE DEEMED CONTRABAND AND FORFEITED IN ACCORDANCE

WITH [THE PROVISIONS SET FORTH IN THIS SECTION] 42 PA.C.S.

CH. 58 (RELATING TO FORFEITURE OF ASSETS).

* * *

[(D) FORFEITURE.--

(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;

(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,

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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 IN 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,

20150SB0869PN2076 - 63 -

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;

20150SB0869PN2076 - 64 -

(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 CHATTEL MORTGAGE 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

20150SB0869PN2076 - 65 -

PRESENTED.

(11) IF A PERSON CLAIMING THE OWNERSHIP OF OR RIGHT OF

POSSESSION TO OR CLAIMING TO BE THE HOLDER OF A CHATTEL

MORTGAGE OR CONTRACT OF CONDITIONAL SALE UPON THE PROPERTY,

THE DISPOSITION OF WHICH IS PROVIDED FOR IN 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).]

* * *

§ 7508. DRUG TRAFFICKING SENTENCING AND PENALTIES.

* * *

(E) FORFEITURE.--ASSETS AGAINST WHICH A PETITION SEEKING

FORFEITURE [PETITION] HAS BEEN FILED AND IS PENDING OR AGAINST

WHICH THE COMMONWEALTH HAS INDICATED AN INTENTION TO FILE A

[FORFEITURE] PETITION SEEKING FORFEITURE SHALL NOT BE SUBJECT TO

A FINE. NOTHING IN THIS SECTION SHALL PREVENT A FINE FROM BEING

IMPOSED ON ASSETS WHICH HAVE BEEN SUBJECT TO AN UNSUCCESSFUL

FORFEITURE PETITION.

* * *

20150SB0869PN2076 - 66 -

§ 7707. LOSS OF PROPERTY RIGHTS TO COMMONWEALTH.

[(A) FORFEITURES GENERALLY.--THE FOLLOWING SHALL BE SUBJECT

TO FORFEITURE TO THE COMMONWEALTH, AND NO PROPERTY RIGHT SHALL

EXIST IN THEM:

(1) ANY TOOL, IMPLEMENT OR INSTRUMENTALITY, INCLUDING,

BUT NOT LIMITED TO, A VEHICLE OR VEHICLE PART USED OR

POSSESSED IN CONNECTION WITH ANY VIOLATION OF THIS CHAPTER.

(2) ALL MATERIALS, PRODUCTS AND EQUIPMENT OF ANY KIND

WHICH ARE USED OR INTENDED FOR USE IN VIOLATION OF THIS

CHAPTER.

(3) ALL BOOKS, RECORDS, MICROFILM, TAPES AND DATA WHICH

ARE USED OR INTENDED FOR USE IN VIOLATION OF THIS CHAPTER.

(4) ALL MONEY, NEGOTIABLE INSTRUMENTS, SECURITIES OR

OTHER THINGS OF VALUE USED OR INTENDED TO BE USED TO

FACILITATE ANY VIOLATION OF THIS CHAPTER AND ALL PROCEEDS

TRACEABLE TO ANY TRANSACTIONS IN VIOLATION OF THIS CHAPTER.

(5) ALL REAL PROPERTY USED OR INTENDED TO BE USED TO

FACILITATE ANY VIOLATION OF THIS CHAPTER, INCLUDING

STRUCTURES OR OTHER IMPROVEMENTS THEREON AND INCLUDING ANY

RIGHT, TITLE AND INTEREST IN THE WHOLE OR ANY LOT OR TRACT OF

LAND AND ANY APPURTENANCES OR IMPROVEMENTS WHICH ARE USED OR

INTENDED TO BE USED IN ANY MANNER OR PART TO COMMIT OR TO

FACILITATE THE COMMISSION OF A VIOLATION OF THIS CHAPTER.

(B) EXCEPTIONS.--

(1) NO PROPERTY SHALL BE FORFEITED UNDER THIS SECTION,

TO THE EXTENT OF THE INTEREST OF AN OWNER, BY REASON OF ANY

ACT OR OMISSION ESTABLISHED BY THE OWNER TO HAVE BEEN

COMMITTED OR OMITTED WITHOUT THE KNOWLEDGE OR CONSENT OF THAT

OWNER.

(2) NO VALID LIEN OR ENCUMBRANCE ON REAL PROPERTY SHALL

20150SB0869PN2076 - 67 -

BE SUBJECT TO FORFEITURE OR IMPAIRMENT UNDER THIS PARAGRAPH.

A LIEN WHICH IS FRAUDULENT OR INTENDED TO AVOID FORFEITURE

UNDER THIS SECTION SHALL BE INVALID.

UNDER THIS CHAPTER MAY BE SEIZED BY THE LAW ENFORCEMENT

AUTHORITY UPON PROCESS ISSUED BY A COURT OF COMMON PLEAS HAVING

JURISDICTION OVER THE PROPERTY. SEIZURE WITHOUT PROCESS MAY BE

MADE IF:

(1) THE SEIZURE IS INCIDENT TO AN ARREST OR A SEARCH

WARRANT OR INSPECTION UNDER 75 PA.C.S. § 6308 (RELATING TO

INVESTIGATION BY POLICE OFFICERS) OR ANY OTHER ADMINISTRATIVE

INSPECTION;

(2) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE SUBJECT

OF A PROPER JUDGMENT IN FAVOR OF THE COMMONWEALTH IN A

CRIMINAL INJUNCTION OR FORFEITURE PROCEEDING UNDER THIS

CHAPTER;

(3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

IS DANGEROUS TO HEALTH OR SAFETY; OR

(4) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

HAS BEEN USED OR IS INTENDED TO BE USED IN VIOLATION OF THIS

CHAPTER.

(D) SEIZURE WITHOUT PROCESS.--IN THE EVENT SEIZURE WITHOUT

PROCESS OCCURS AS PROVIDED IN THIS CHAPTER, PROCEEDING FOR THE

ISSUANCE THEREOF SHALL BE INSTITUTED FORTHWITH.

(E) CUSTODY OF PROPERTY.--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 OR THE OFFICE OF ATTORNEY GENERAL. WHEN PROPERTY IS

20150SB0869PN2076 - 68 -

SEIZED UNDER THIS CHAPTER, THE LAW ENFORCEMENT AUTHORITY SHALL

PLACE THE PROPERTY UNDER SEAL AND EITHER:

(1) REMOVE THE PROPERTY TO A PLACE DESIGNATED BY IT; OR

(2) REQUIRE THAT THE DISTRICT ATTORNEY OR THE OFFICE OF

ATTORNEY GENERAL TAKE CUSTODY OF THE PROPERTY AND REMOVE IT

TO AN APPROPRIATE LOCATION FOR DISPOSITION IN ACCORDANCE WITH

LAW.

(F) USE OF PROPERTY HELD IN CUSTODY.--

(1) WHENEVER PROPERTY IS FORFEITED UNDER THIS CHAPTER,

THE PROPERTY SHALL BE TRANSFERRED TO:

(I) THE CUSTODY OF THE DISTRICT ATTORNEY, IF THE LAW

ENFORCEMENT AUTHORITY SEIZING THE PROPERTY HAS LOCAL OR

COUNTY JURISDICTION; OR

(II) THE OFFICE OF ATTORNEY GENERAL, IF THE LAW

ENFORCEMENT AUTHORITY SEIZING THE PROPERTY HAS STATEWIDE

JURISDICTION.

(2) THE DISTRICT ATTORNEY OR THE OFFICE OF ATTORNEY

GENERAL, WHERE APPROPRIATE, MAY:

(I) RETAIN THE PROPERTY FOR OFFICIAL USE.

(II) 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 MUST

BE USED TO PAY ALL PROPER EXPENSES OF THE PROCEEDING FOR

FORFEITURE AND SALE, INCLUDING EXPENSES OF SEIZURE,

MAINTENANCE OF CUSTODY, ADVERTISING AND COURT COSTS. THE

BALANCE OF THE PROCEEDS SHALL BE DEALT WITH IN ACCORDANCE

WITH SUBSECTIONS (G) AND (H).

(G) USE OF CASH, PROPERTY OR PROCEEDS OF PROPERTY.--CASH OR

PROCEEDS OF FORFEITED PROPERTY TRANSFERRED TO THE CUSTODY OF THE

DISTRICT ATTORNEY UNDER SUBSECTION (F) SHALL BE PLACED IN THE

20150SB0869PN2076 - 69 -

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 IN ENFORCING THE

CRIMINAL LAWS OF THIS COMMONWEALTH. THE ENTITY HAVING BUDGETARY

CONTROL SHALL NOT ANTICIPATE FUTURE FORFEITURES OR PROCEEDS FROM

SUCH FORFEITURES IN ADOPTION AND APPROVAL OF THE BUDGET FOR THE

DISTRICT ATTORNEY.

(H) DISTRIBUTION OF PROPERTY AMONG LAW ENFORCEMENT

AUTHORITIES.--IF BOTH STATE AND MUNICIPAL LAW ENFORCEMENT

AUTHORITIES WERE SUBSTANTIALLY INVOLVED IN EFFECTING THE

SEIZURE, THE COURT HAVING JURISDICTION OVER THE FORFEITURE

PROCEEDINGS SHALL EQUITABLY DISTRIBUTE THE PROPERTY BETWEEN THE

DISTRICT ATTORNEY AND THE OFFICE OF ATTORNEY GENERAL.

(I) ANNUAL AUDIT OF FORFEITED PROPERTY.--A COUNTY SHALL

PROVIDE, THROUGH THE CONTROLLER, BOARD OF AUDITORS OR OTHER

APPROPRIATE AUDITOR AND THE DISTRICT ATTORNEY, AN ANNUAL AUDIT

OF ALL FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS

SECTION. THE AUDIT SHALL NOT BE MADE PUBLIC BUT SHALL BE

SUBMITTED TO THE OFFICE OF ATTORNEY GENERAL. THE COUNTY SHALL

REPORT ALL FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS

SECTION AND THE DISPOSITION THEREOF TO THE OFFICE OF ATTORNEY

GENERAL BY SEPTEMBER 30 OF EACH YEAR.

(J) ANNUAL REPORT; CONFIDENTIAL INFORMATION REGARDING

PROPERTY.--THE OFFICE OF ATTORNEY GENERAL SHALL ANNUALLY SUBMIT

A REPORT TO THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE

APPROPRIATIONS COMMITTEE OF THE HOUSE OF REPRESENTATIVES, THE

JUDICIARY COMMITTEE OF THE SENATE AND THE JUDICIARY COMMITTEE OF

THE HOUSE OF REPRESENTATIVES SPECIFYING THE FORFEITED PROPERTY

OR PROCEEDS THEREOF OBTAINED UNDER THIS SECTION. THE REPORT

20150SB0869PN2076 - 70 -

SHALL GIVE AN ACCOUNT OF ALL PROCEEDS DERIVED FROM THE SALE OF

FORFEITED PROPERTY AND THE USE MADE OF UNSOLD FORFEITED

PROPERTY. THE OFFICE OF ATTORNEY GENERAL SHALL ADOPT PROCEDURES

AND GUIDELINES GOVERNING THE RELEASE OF INFORMATION BY THE

DISTRICT ATTORNEY TO PROTECT THE CONFIDENTIALITY OF FORFEITED

PROPERTY OR PROCEEDS USED IN ONGOING ENFORCEMENT ACTIVITIES.

(K) PROCEEDS AND APPROPRIATIONS.--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.] FORFEITURE OF PROPERTY SHALL BE AUTHORIZED FOR

VIOLATION OF THIS CHAPTER AND CONDUCTED IN ACCORDANCE WITH 42

PA.C.S. CH. 58 (RELATING TO FORFEITURE OF ASSETS).

SECTION 5. SECTION 7708 OF TITLE 18 IS REPEALED:

[§ 7708. PROCEDURE WITH RESPECT TO SEIZED PROPERTY SUBJECT TO

LIENS AND RIGHTS OF LIENHOLDERS.

(A) GENERAL PROCEDURE.--THE PROCEEDINGS FOR THE FORFEITURE

OR CONDEMNATION OF PROPERTY, THE SALE OF WHICH IS PROVIDED FOR

UNDER THIS CHAPTER, SHALL BE IN REM IN WHICH THE COMMONWEALTH

SHALL BE THE PLAINTIFF AND THE PROPERTY THE DEFENDANT. THE

PENNSYLVANIA RULES OF CIVIL PROCEDURE SHALL APPLY TO ALL

FORFEITURE PROCEEDINGS BROUGHT UNDER THIS CHAPTER. 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:

(1) A DESCRIPTION OF THE PROPERTY SEIZED.

(2) A STATEMENT OF THE TIME AND PLACE WHERE SEIZED.

(3) THE OWNER, IF KNOWN.

(4) THE PERSON OR PERSONS IN POSSESSION, IF KNOWN.

(5) AN ALLEGATION THAT THE PROPERTY IS SUBJECT TO

FORFEITURE UNDER SECTION 7707 (RELATING TO LOSS OF PROPERTY

20150SB0869PN2076 - 71 -

RIGHTS TO COMMONWEALTH) AND AN AVERMENT OF MATERIAL FACTS

UPON WHICH THE FORFEITURE ACTION IS BASED.

(6) 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.

(B) NOTICE TO PROPERTY OWNERS.--A COPY OF THE PETITION

REQUIRED UNDER SUBSECTION (A) 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, STATING YOUR

TITLE IN AND RIGHT TO POSSESSION OF THE PROPERTY WITHIN 30

DAYS FROM THE SERVICE OF THIS PETITION, AND YOU ARE ALSO

NOTIFIED THAT, IF YOU FAIL TO FILE AN ANSWER, A DECREE OF

FORFEITURE AND CONDEMNATION WILL BE ENTERED AGAINST THE

PROPERTY.

THE NOTICE SHALL BE SIGNED BY THE ATTORNEY GENERAL, DEPUTY

ATTORNEY GENERAL, DISTRICT ATTORNEY, DEPUTY DISTRICT ATTORNEY OR

ASSISTANT DISTRICT ATTORNEY.

(1) 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 WAS SEIZED ONCE A WEEK FOR TWO SUCCESSIVE

20150SB0869PN2076 - 72 -

WEEKS. NO OTHER ADVERTISEMENT OF ANY SORT SHALL BE NECESSARY,

ANY OTHER LAW TO THE CONTRARY NOTWITHSTANDING.

(2) THE NOTICE SHALL:

(I) CONTAIN A STATEMENT OF THE SEIZURE OF THE

PROPERTY WITH A DESCRIPTION OF THE PROPERTY AND THE PLACE

AND DATE OF SEIZURE; AND

(II) 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.

(3) IF NO CLAIMS ARE FILED WITHIN 30 DAYS OF

PUBLICATION, THE PROPERTY SHALL SUMMARILY FORFEIT TO THE

COMMONWEALTH.

(D) PROPERTY OWNERS NOT IN JURISDICTION.--FOR PURPOSES OF

THIS SECTION, THE OWNER OR OTHER SUCH PERSON CANNOT BE FOUND IN

THE JURISDICTION OF THE COURT IF:

(1) A COPY OF THE PETITION IS MAILED TO THE LAST KNOWN

ADDRESS BY CERTIFIED MAIL AND IS RETURNED WITHOUT A DELIVERY.

(2) A PERSONAL SERVICE IS ATTEMPTED ONCE BUT CANNOT BE

MADE AT THE LAST KNOWN ADDRESS.

(3) A COPY OF THE PETITION IS LEFT AT THE LAST KNOWN

ADDRESS.

(E) NOTICE AUTOMATICALLY WAIVED.--

(1) 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.

(2) FORTY-FIVE DAYS AFTER SUCH A FAILURE TO APPEAR, IF

GOOD CAUSE HAS NOT BEEN DEMONSTRATED, THE PROPERTY SHALL

SUMMARILY FORFEIT TO THE COMMONWEALTH.

20150SB0869PN2076 - 73 -

(F) PRESERVATION OF THE PROPERTY SUBJECT FOR FORFEITURE.--

(1) UPON APPLICATION OF THE COMMONWEALTH, THE COURT MAY

ENTER A RESTRAINING ORDER OR INJUNCTION, REQUIRE THE

EXECUTION OF A SATISFACTORY PERFORMANCE BOND OR TAKE ANY

OTHER ACTION TO PRESERVE THE AVAILABILITY OF PROPERTY

DESCRIBED IN SECTION 7707 FOR FORFEITURE UNDER THIS SECTION

EITHER:

(I) UPON THE FILING OF AN INFORMATION OR AN

INDICTMENT CHARGING A VIOLATION OF THIS CHAPTER FOR WHICH

CRIMINAL FORFEITURE MAY BE ORDERED UNDER THIS CHAPTER AND

ALLEGING THAT THE PROPERTY WITH RESPECT TO WHICH THE

ORDER IS SOUGHT WOULD BE SUBJECT TO FORFEITURE; OR

(II) PRIOR TO THE FILING OF SUCH AN INDICTMENT OR

INFORMATION IF, AFTER NOTICE TO PERSONS APPEARING TO HAVE

AN INTEREST IN THE PROPERTY AND AN OPPORTUNITY FOR A

HEARING, THE COURT DETERMINES THAT:

(A) THERE IS A SUBSTANTIAL PROBABILITY THAT THE

COMMONWEALTH WILL PREVAIL ON THE ISSUE OF FORFEITURE

AND THAT FAILURE TO ENTER THE ORDER WILL RESULT IN

THE PROPERTY BEING DESTROYED, REMOVED FROM THE

JURISDICTION OF THE COURT OR OTHERWISE MADE

UNAVAILABLE FOR FORFEITURE.

(B) THE NEED TO PRESERVE THE AVAILABILITY OF THE

PROPERTY THROUGH THE ENTRY OF THE REQUESTED ORDER

OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE

ORDER IS TO BE ENTERED.

(2) AN ORDER ENTERED UNDER THIS SUBSECTION SHALL BE

EFFECTIVE FOR NOT MORE THAN 90 DAYS UNLESS EXTENDED BY THE

COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT OR

INFORMATION DESCRIBED IN PARAGRAPH (1)(I) HAS BEEN FILED.

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(G) TEMPORARY RESTRAINING ORDER.--

(1) A TEMPORARY RESTRAINING ORDER UNDER SUBSECTION (F)

MAY BE ENTERED UPON APPLICATION OF THE COMMONWEALTH WITHOUT

NOTICE OR OPPORTUNITY FOR A HEARING WHEN AN INFORMATION OR

INDICTMENT HAS NOT YET BEEN FILED WITH RESPECT TO THE

PROPERTY IF THE COMMONWEALTH DEMONSTRATES THAT:

(I) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE

PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT WOULD

BE SUBJECT TO FORFEITURE UNDER THIS CHAPTER; AND

(II) THE PROVISION OF NOTICE WILL JEOPARDIZE THE

AVAILABILITY OF THE PROPERTY FOR FORFEITURE.

(2) SUCH TEMPORARY ORDER SHALL EXPIRE NOT MORE THAN TEN

DAYS AFTER THE DATE ON WHICH IT IS ENTERED, UNLESS:

(I) EXTENDED FOR GOOD CAUSE SHOWN; OR

(II) THE PARTY AGAINST WHOM IT IS ENTERED CONSENTS

TO AN EXTENSION FOR A LONGER PERIOD.

(3) A HEARING REQUESTED CONCERNING AN ORDER ENTERED

UNDER THIS SUBSECTION SHALL BE HELD AT THE EARLIEST POSSIBLE

TIME AND PRIOR TO THE EXPIRATION OF THE TEMPORARY ORDER.

(H) HEARING REGARDING PROPERTY; RULES OF EVIDENCE.--THE

COURT MAY RECEIVE AND CONSIDER AT A HEARING HELD UNDER

SUBSECTION (F) OR (G) EVIDENCE AND INFORMATION THAT WOULD BE

INADMISSIBLE UNDER THE RULES OF EVIDENCE.

(I) HEARING TIME SET.--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.

(J) OWNER'S BURDEN OF PROOF.--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 SECTION 7706 (RELATING TO PRESUMPTIONS), THE

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BURDEN SHALL BE UPON THE CLAIMANT TO SHOW THAT:

(1) THE CLAIMANT IS THE OWNER OF THE PROPERTY OR THE

HOLDER OF A CHATTEL MORTGAGE OR CONTRACT OF CONDITIONAL SALE

THEREON.

(2) THE CLAIMANT LAWFULLY ACQUIRED THE PROPERTY.

(3) IT WAS NOT UNLAWFULLY USED OR POSSESSED BY THE

CLAIMANT. 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 MUST SHOW THAT THE UNLAWFUL USE

OR POSSESSION WAS WITHOUT THE CLAIMANT'S KNOWLEDGE OR

CONSENT. SUCH ABSENCE OF KNOWLEDGE OR CONSENT MUST BE

REASONABLE UNDER THE CIRCUMSTANCES PRESENTED.

(K) COURT-ORDERED RELEASE OF PROPERTY.--

(1) IF A PERSON CLAIMING THE OWNERSHIP OF OR RIGHT OF

POSSESSION TO OR CLAIMING TO BE THE HOLDER OF A CHATTEL

MORTGAGE OR CONTRACT OF CONDITIONAL SALE UPON THE PROPERTY,

THE DISPOSITION OF WHICH IS PROVIDED FOR IN 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 OFFICE OF ATTORNEY

GENERAL OR THE DISTRICT ATTORNEY, THE CLAIMANT PROVES BY

COMPETENT EVIDENCE TO THE SATISFACTION OF THE COURT:

(I) THAT THE PROPERTY WAS LAWFULLY ACQUIRED,

POSSESSED AND USED BY HIM; OR

(II) IF IT APPEARS 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

20150SB0869PN2076 - 76 -

TO THE CLAIMANT.

(2) SUCH ABSENCE OF KNOWLEDGE OR CONSENT MUST BE

REASONABLE UNDER THE CIRCUMSTANCES PRESENTED. OTHERWISE, THE

PROPERTY SHALL BE RETAINED FOR OFFICIAL USE OR SOLD IN

ACCORDANCE WITH SECTION 7707(F).]

SECTION 6. SECTION 927 OF TITLE 30 IS AMENDED TO READ:

§ 927. FORFEITURE OF FISH AND DEVICES.

(A) GENERAL RULE.--A PERSON CONVICTED OF AN OFFENSE UNDER

THIS TITLE SHALL FORFEIT ANY FISH SEIZED UNDER SECTION 901(6)

(RELATING TO POWERS AND DUTIES OF WATERWAYS [PATROLMEN]

CONSERVATION OFFICERS AND DEPUTIES) AND ANY DEVICE CONFISCATED

UNDER THIS TITLE. FORFEITURES SHALL BE CONDUCTED IN ACCORDANCE

WITH 42 PA.C.S. CH. 58 (RELATING TO FORFEITURE OF ASSETS).

[(B) DISPOSITION OF CONFISCATED PROPERTY.--ANY PROPERTY

CONFISCATED BY THE COMMISSION UNDER THIS TITLE SHALL BE SOLD OR

OTHERWISE DISPOSED OF BY THE EXECUTIVE DIRECTOR. THESE

DISPOSITIONS SHALL BE RECORDED ON THE BOOKS OF THE COMMISSION.]

SECTION 7. TITLE 42 IS AMENDED BY ADDING A CHAPTER TO READ:

CHAPTER 58

FORFEITURE OF ASSETS

SEC.

5801. SCOPE OF CHAPTER.

5802. CONTROLLED SUBSTANCES FORFEITURE.

5803. ASSET FORFEITURE.

5804. (RESERVED).

5805. FORFEITURE PROCEDURE.

5806. MOTION FOR RETURN OF PROPERTY.

5806.1. PROCEDURE FOLLOWING ACQUITTAL.

5806.2. REPRESENTATION.

5807. RESTRICTIONS ON USE.

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5807.1. PROHIBITION ON ADOPTIVE SEIZURES.

5808. EXCEPTIONS.

§ 5801. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO ASSET FORFEITURE.

§ 5802. CONTROLLED SUBSTANCES FORFEITURE.

THE FOLLOWING SHALL BE SUBJECT TO FORFEITURE TO THE

COMMONWEALTH AND NO PROPERTY RIGHT SHALL EXIST IN THEM:

(1) ALL DRUG PARAPHERNALIA, CONTROLLED SUBSTANCES OR

OTHER DRUGS WHICH HAVE BEEN MANUFACTURED, DISTRIBUTED,

DISPENSED OR ACQUIRED IN VIOLATION OF THE ACT OF APRIL 14,

1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

(2) ALL RAW MATERIALS, PRODUCTS AND EQUIPMENT OF ANY

KIND WHICH ARE USED OR INTENDED FOR USE IN MANUFACTURING,

COMPOUNDING, PROCESSING, DELIVERING, IMPORTING OR EXPORTING

ANY CONTROLLED SUBSTANCE OR OTHER DRUG IN VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(3) ALL PROPERTY WHICH IS USED OR INTENDED FOR USE AS A

CONTAINER FOR PROPERTY DESCRIBED IN PARAGRAPH (1) OR (2).

(4) ALL CONVEYANCES, INCLUDING AIRCRAFT, VEHICLES OR

VESSELS, WHICH ARE USED OR ARE INTENDED FOR USE TO TRANSPORT,

OR IN ANY MANNER TO FACILITATE THE TRANSPORTATION, SALE,

RECEIPT, POSSESSION OR CONCEALMENT OF PROPERTY DESCRIBED IN

PARAGRAPH (1) OR (2), EXCEPT THAT:

(I) NO BONA FIDE SECURITY INTEREST RETAINED OR

ACQUIRED UNDER 13 PA.C.S. (RELATING TO COMMERCIAL CODE)

BY ANY MERCHANT DEALING IN NEW OR USED AIRCRAFT, VEHICLES

OR VESSELS, OR RETAINED OR ACQUIRED BY ANY LICENSED OR

REGULATED FINANCE COMPANY, BANK OR LENDING INSTITUTION,

OR BY ANY OTHER BUSINESS REGULARLY ENGAGED IN THE

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FINANCING OR LENDING ON THE SECURITY OF SUCH AIRCRAFT,

VEHICLES OR VESSELS, SHALL BE SUBJECT TO FORFEITURE OR

IMPAIRMENT; AND

(II) IN ORDER TO ESTABLISH THE REQUISITE NEXUS AT A

FORFEITURE HEARING UNDER THIS SECTION, THE COMMONWEALTH

MUST ESTABLISH A VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT OTHER THAN A VIOLATION

UNDER SECTION 13(A)(31) OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

(5) ALL BOOKS, RECORDS AND RESEARCH, INCLUDING FORMULAS,

MICROFILM, TAPES AND DATA, WHICH ARE USED OR INTENDED FOR USE

IN VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT.

(6) (I) ALL OF THE FOLLOWING:

(A) MONEY, NEGOTIABLE INSTRUMENTS, SECURITIES OR

OTHER THINGS OF VALUE FURNISHED OR INTENDED TO BE

FURNISHED BY ANY PERSON IN EXCHANGE FOR A CONTROLLED

SUBSTANCE IN VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT, AND ALL PROCEEDS

TRACEABLE TO SUCH AN EXCHANGE.

(B) MONEY, NEGOTIABLE INSTRUMENTS, SECURITIES OR

OTHER THINGS OF VALUE USED OR INTENDED TO BE USED TO

FACILITATE ANY VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

FACILITATE ANY VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT, INCLUDING STRUCTURES

OR OTHER IMPROVEMENTS THEREON, AND INCLUDING ANY

RIGHT, TITLE AND INTEREST IN THE WHOLE OR ANY LOT OR

TRACT OF LAND AND ANY APPURTENANCES OR IMPROVEMENTS,

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WHICH IS USED OR INTENDED TO BE USED IN ANY MANNER OR

PART TO COMMIT OR TO FACILITATE THE COMMISSION OF A

VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE

AND COSMETIC ACT, AND THINGS GROWING ON, AFFIXED TO

AND FOUND IN THE LAND. IN ORDER TO ESTABLISH THE

REQUISITE NEXUS AT A FORFEITURE HEARING UNDER THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT,

THE COMMONWEALTH MUST ESTABLISH A VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT

OTHER THAN A VIOLATION UNDER SECTION 13(A)(16) AND

(31) OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT.

(II) THE MONEY AND NEGOTIABLE INSTRUMENTS FOUND IN

CLOSE PROXIMITY TO CONTROLLED SUBSTANCES POSSESSED IN

VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT SHALL BE REBUTTABLY PRESUMED TO BE PROCEEDS

DERIVED FROM THE SELLING OF A CONTROLLED SUBSTANCE IN

VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT.

(III) NO VALID LIEN OR ENCUMBRANCE ON REAL PROPERTY

SHALL BE SUBJECT TO FORFEITURE OR IMPAIRMENT UNDER THIS

PARAGRAPH. A LIEN WHICH IS FRAUDULENT OR INTENDED TO

AVOID FORFEITURE UNDER THIS SECTION SHALL BE INVALID.

(7) ANY FIREARMS, INCLUDING, BUT NOT LIMITED TO, RIFLES,

SHOTGUNS, PISTOLS, REVOLVERS, MACHINE GUNS, ZIP GUNS OR ANY

TYPE OF PROHIBITED OFFENSIVE WEAPON, AS THAT TERM IS DEFINED

IN 18 PA.C.S. § 6105 (RELATING TO PERSONS NOT TO POSSESS,

USE, MANUFACTURE, CONTROL, SELL OR TRANSFER FIREARMS), WHICH

ARE USED OR INTENDED FOR USE TO FACILITATE A VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT. FIREARMS

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AS ARE FOUND IN CLOSE PROXIMITY TO ILLEGALLY POSSESSED

CONTROLLED SUBSTANCES SHALL BE REBUTTABLY PRESUMED TO BE USED

OR INTENDED FOR USE TO FACILITATE A VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT. ALL

WEAPONS FORFEITED UNDER THIS SECTION SHALL BE IMMEDIATELY

DESTROYED BY THE RECEIVING LAW ENFORCEMENT AGENCY.

§ 5803. ASSET FORFEITURE.

(A) APPLICABILITY.--THIS SECTION SHALL APPLY TO EACH CASE

FOR WHICH FORFEITURE IS EXPRESSLY AUTHORIZED AS A SANCTION.

(B) PROCESS AND SEIZURE OF MONEY AND PERSONAL PROPERTY.--

PROPERTY SUBJECT TO FORFEITURE MAY BE SEIZED BY A LAW

ENFORCEMENT AUTHORITY IF:

(1) THE SEIZURE IS INCIDENT TO AN ARREST OR A SEARCH

UNDER A SEARCH WARRANT OR INSPECTION UNDER AN ADMINISTRATIVE

INSPECTION WARRANT AND THERE IS REASON TO BELIEVE THE

PROPERTY IS SUBJECT TO FORFEITURE.

(2) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE SUBJECT

OF A PRIOR JUDGMENT IN FAVOR OF THE COMMONWEALTH IN A

CRIMINAL INJUNCTION OR FORFEITURE PROCEEDING UNDER THIS

CHAPTER.

(3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

IS DANGEROUS TO HEALTH AND SAFETY AND EXIGENCIES ARE LIKELY

TO RESULT IN THE DESTRUCTION OR REMOVAL OF THE PROPERTY OR IN

THE PROPERTY OTHERWISE BEING MADE UNAVAILABLE FOR FORFEITURE.

(4) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

HAS BEEN USED OR IS INTENDED TO BE USED IN VIOLATION OF THE

ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT, OR

ANOTHER OFFENSE FOR WHICH FORFEITURE IS EXPRESSLY AUTHORIZED

AS A SANCTION.

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(5) THERE IS A WARRANT ISSUED BY A COURT OF COMMON PLEAS

WITH APPROPRIATE JURISDICTION.

(6) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

IS SUBJECT TO FORFEITURE AND EXIGENCIES ARE LIKELY TO RESULT

IN THE DESTRUCTION OR REMOVAL OF THE PROPERTY.

(B.1) PROCESS AND SEIZURE OF REAL PROPERTY.--REAL PROPERTY

SUBJECT TO FORFEITURE UNDER THIS CHAPTER MAY BE SEIZED BY THE

LAW ENFORCEMENT AUTHORITY UPON PROCESS ISSUED BY A COURT OF

COMMON PLEAS HAVING JURISDICTION OVER THE PROPERTY. EXCEPT AS

PROVIDED UNDER THIS SECTION, REAL PROPERTY SUBJECT TO FORFEITURE

SHALL NOT BE SEIZED BEFORE THE ENTRY OF AN ORDER OF FORFEITURE

AND THE OWNERS OR OCCUPANTS OF THE REAL PROPERTY SHALL NOT BE

EVICTED FROM OR OTHERWISE DEPRIVED OF THE USE AND ENJOYMENT OF

REAL PROPERTY THAT IS THE SUBJECT OF A PENDING FORFEITURE

ACTION. THE FOLLOWING SHALL APPLY:

(1) THE FILING OF A LIS PENDENS OR THE ISSUANCE OF A

TEMPORARY RESTRAINING ORDER SHALL NOT CONSTITUTE A SEIZURE

UNDER THIS SUBSECTION.

(2) REAL PROPERTY MAY BE SEIZED PRIOR TO THE ENTRY OF AN

ORDER OF FORFEITURE IF:

(I) THE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL

NOTIFIES THE COURT THAT IT INTENDS TO SEIZE THE PROPERTY

BEFORE A TRIAL; AND

(II) THE COURT:

(A) AFTER CAUSING NOTICE TO BE SERVED ON THE

PROPERTY OWNER AND POSTED ON THE PROPERTY AND

CONDUCTING A HEARING IN WHICH THE PROPERTY OWNER HAS

A MEANINGFUL OPPORTUNITY TO BE HEARD, AUTHORIZES SUCH

SEIZURE; OR

(B) MAKES AN EX PARTE DETERMINATION THAT THERE

20150SB0869PN2076 - 82 -

IS PROBABLE CAUSE TO BELIEVE THAT A NEXUS EXISTS

BETWEEN THE PROPERTY AND THE CRIMINAL ACTIVITY FOR

WHICH FORFEITURE IS AUTHORIZED AND THAT EXIGENT

CIRCUMSTANCES ARE PRESENTED THAT PERMIT THE DISTRICT

ATTORNEY OR THE ATTORNEY GENERAL TO SEIZE THE

PROPERTY WITHOUT PRIOR NOTICE AND AN OPPORTUNITY FOR

THE PROPERTY OWNER TO BE HEARD.

(3) FOR PURPOSES OF PARAGRAPH (2)(II)(B), EXIGENT

CIRCUMSTANCES ARE PRESENTED WHERE THE DISTRICT ATTORNEY OR

THE ATTORNEY GENERAL DEMONSTRATES THAT LESS RESTRICTIVE

MEASURES, SUCH AS A LIS PENDENS, TEMPORARY RESTRAINING ORDER

OR SECURITY BOND, WOULD NOT SUFFICE TO PROTECT THE

COMMONWEALTH'S INTEREST IN PREVENTING THE SALE, DESTRUCTION

OR CONTINUED UNLAWFUL USE OF THE REAL PROPERTY.

(4) IF THE COURT AUTHORIZES A SEIZURE OF REAL PROPERTY

UNDER PARAGRAPH (2)(II)(B), IT SHALL CONDUCT A PROMPT

POSTSEIZURE HEARING AT WHICH THE CLAIMANT SHALL HAVE AN

OPPORTUNITY TO CONTEST THE COMMONWEALTH'S CONTINUING CUSTODY

OF THE PROPERTY.

UNDER SUBSECTION (B) OR (B.1), PROCEEDINGS FOR THE ISSUANCE OF

PROCESS SHALL BE INSTITUTED AS SOON AS FEASIBLE.

(D) CUSTODY OF PROPERTY.--PROPERTY TAKEN OR DETAINED UNDER

THIS SECTION SHALL NOT BE SUBJECT TO REPLEVIN AND 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 OF THE DISTRICT

ATTORNEY OR THE ATTORNEY GENERAL. WHEN PROPERTY IS SEIZED UNDER

THIS CHAPTER, THE LAW ENFORCEMENT AUTHORITY SHALL PLACE THE

PROPERTY IN A SECURE AREA OR FACILITY AND EITHER:

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(1) REMOVE THE PROPERTY TO A SECURE AREA OR FACILITY

DESIGNATED BY THE LAW ENFORCEMENT AUTHORITY; OR

(2) REQUIRE THAT THE DISTRICT ATTORNEY OR ATTORNEY

GENERAL TAKE CUSTODY OF THE PROPERTY AND REMOVE THE PROPERTY

TO AN APPROPRIATE LOCATION FOR DISPOSITION IN ACCORDANCE WITH

LAW.

(E) RECEIPT.--WHEN PROPERTY IS SEIZED, THE LAW ENFORCEMENT

AUTHORITY SHALL PROVIDE A RECEIPT TO THE PERSON IN POSSESSION OF

THE PROPERTY OR, IN THE ABSENCE OF A PERSON, LEAVE A RECEIPT IN

THE PLACE WHERE THE PROPERTY WAS FOUND, IF REASONABLY POSSIBLE.

THE RECEIPT SHALL PROVIDE NOTICE OF THE RIGHT OF INTEREST

HOLDERS TO SEEK THE RETURN OF THE SEIZED PROPERTY UNDER THIS

CHAPTER. THIS SECTION SHALL NOT APPLY IF LAW ENFORCEMENT IS

OTHERWISE REQUIRED TO PROVIDE A RECEIPT FOR THE PROPERTY.

(F) USE OF PROPERTY HELD IN CUSTODY.--IF PROPERTY IS

FORFEITED UNDER THIS CHAPTER, THE PROPERTY SHALL BE TRANSFERRED

TO THE CUSTODY OF THE DISTRICT ATTORNEY, IF THE LAW ENFORCEMENT

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; OR

(2) SELL ANY FORFEITED PROPERTY WHICH IS NOT REQUIRED TO

BE DESTROYED BY LAW AND WHICH IS NOT HARMFUL TO THE PUBLIC,

EXCEPT THAT THE PROCEEDS FROM THE 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 AND DISTRIBUTED IN ACCORDANCE WITH SUBSECTIONS

(G) AND (H).

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(F.1) PROHIBITED SALES.--SALE OF FORFEITED PROPERTY TO AN

EMPLOYEE OF THE DISTRICT ATTORNEY OR ATTORNEY GENERAL, AN

INDIVIDUAL RELATED TO AN EMPLOYEE BY BLOOD OR MARRIAGE OR AN

EMPLOYEE OF ANOTHER LAW ENFORCEMENT AUTHORITY IS PROHIBITED.

(G) USE OF CASH OR PROCEEDS OF PROPERTY.--EXCEPT AS PROVIDED

UNDER SECTION 5807 (RELATING TO RESTRICTIONS ON USE), CASH OR

PROCEEDS OF FORFEITED PROPERTY TRANSFERRED TO THE CUSTODY OF THE

DISTRICT ATTORNEY UNDER SUBSECTION (F) 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 FOR THE ENFORCEMENT

OF OR PREVENTION OF A VIOLATION OF THE PROVISIONS OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT. THE FUNDS

SHALL BE MAINTAINED IN AN ACCOUNT SEPARATE FROM OTHER REVENUES

OF THE OFFICE. THE ENTITY HAVING BUDGETARY CONTROL SHALL NOT

ANTICIPATE FUTURE FORFEITURES OR PROCEEDS FROM FUTURE

FORFEITURES IN ADOPTION AND APPROVAL OF THE BUDGET FOR THE

DISTRICT ATTORNEY.

(H) DISTRIBUTION OF PROPERTY AMONG LAW ENFORCEMENT

AUTHORITIES.--IF BOTH STATE AND MUNICIPAL LAW ENFORCEMENT

AUTHORITIES WERE SUBSTANTIALLY INVOLVED IN EFFECTING THE

SEIZURE, THE COURT HAVING JURISDICTION OVER THE FORFEITURE

PROCEEDINGS SHALL EQUITABLY DISTRIBUTE THE PROPERTY BETWEEN THE

DISTRICT ATTORNEY AND THE ATTORNEY GENERAL.

(I) AUTHORIZATION TO UTILIZE PROPERTY.--EXCEPT AS PROVIDED

UNDER SECTION 5807, THE DISTRICT ATTORNEY AND THE ATTORNEY

GENERAL SHALL UTILIZE FORFEITED PROPERTY OR PROCEEDS FROM

FORFEITED PROPERTY FOR THE ENFORCEMENT OF OR PREVENTION OF A

VIOLATION OF THE PROVISIONS OF THE CONTROLLED SUBSTANCE, DRUG,

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DEVICE AND COSMETIC ACT. 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. FORFEITED REAL PROPERTY MAY BE

TRANSFERRED TO A NONPROFIT ORGANIZATION TO ALLEVIATE BLIGHT

RESULTING FROM VIOLATIONS OF THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT.

(J) ANNUAL AUDIT OF FORFEITED PROPERTY.--EVERY COUNTY IN

THIS COMMONWEALTH SHALL PROVIDE, THROUGH THE CONTROLLER, BOARD

OF AUDITORS OR OTHER APPROPRIATE AUDITOR AND THE DISTRICT

ATTORNEY, AN ANNUAL AUDIT OF ALL FORFEITED PROPERTY AND PROCEEDS

OBTAINED UNDER THIS SECTION. THE AUDIT SHALL NOT BE MADE PUBLIC

BUT SHALL BE SUBMITTED TO THE OFFICE OF ATTORNEY GENERAL. BY

SEPTEMBER 30 OF EACH YEAR, THE COUNTY SHALL REPORT ALL FORFEITED

PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION AND THE

DISPOSITION OF THE PROPERTY DURING THE PRECEDING YEAR TO THE

ATTORNEY GENERAL. THE ATTORNEY GENERAL AND EACH DISTRICT

ATTORNEY SHALL MAINTAIN AND CREATE APPROPRIATE RECORDS TO

ACCOUNT FOR THE PROPERTY FORFEITED IN A FISCAL YEAR AND THE USE

MADE OF THE PROPERTY FORFEITED. EACH AUDIT SHALL INCLUDE:

(1) THE TYPE OF PROPERTY FORFEITED.

(2) THE APPROXIMATE VALUE.

(3) THE ALLEGED CRIMINAL BEHAVIOR WITH WHICH THE

PROPERTY IS ALLEGEDLY ASSOCIATED.

(4) THE DISPOSITION OR USE OF PROPERTY RECEIVED.

(5) WHETHER THE FORFEITURE WAS RELATED TO A CRIMINAL

CASE.

(K) ANNUAL REPORT AND CONFIDENTIAL INFORMATION.--THE

ATTORNEY GENERAL SHALL ANNUALLY SUBMIT A REPORT TO THE

20150SB0869PN2076 - 86 -

APPROPRIATIONS COMMITTEE AND JUDICIARY COMMITTEE OF THE SENATE

AND TO THE APPROPRIATIONS COMMITTEE AND JUDICIARY COMMITTEE OF

THE HOUSE OF REPRESENTATIVES SPECIFYING THE FORFEITED PROPERTY

OR PROCEEDS OF FORFEITED PROPERTY OBTAINED UNDER THIS SECTION

DURING THE FISCAL YEAR BEGINNING JULY 1. THE REPORT SHALL GIVE

AN ACCOUNTING OF ALL PROCEEDS DERIVED FROM THE SALE OF FORFEITED

PROPERTY AND THE USE MADE OF UNSOLD FORFEITED PROPERTY. THE

ATTORNEY GENERAL SHALL ADOPT PROCEDURES AND GUIDELINES GOVERNING

THE RELEASE OF INFORMATION BY THE DISTRICT ATTORNEY TO PROTECT

THE CONFIDENTIALITY OF FORFEITED PROPERTY OR PROCEEDS USED IN

ONGOING DRUG ENFORCEMENT ACTIVITIES, WHICH SHALL BE PUBLIC

INFORMATION.

(K.1) REPORTING.--BY NOVEMBER 30 OF EACH YEAR, THE OFFICE OF

ATTORNEY GENERAL SHALL NOTIFY THE APPROPRIATIONS COMMITTEE AND

JUDICIARY COMMITTEE OF THE SENATE AND THE APPROPRIATIONS

COMMITTEE AND JUDICIARY COMMITTEE OF THE HOUSE OF

REPRESENTATIVES OF ANY COUNTY WHICH HAS NOT SUBMITTED AN AUDIT

AND COMPLIED WITH THE REQUIREMENTS IN SUBSECTION (K).

(L) PROCEEDS AND APPROPRIATIONS.--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. THE ATTORNEY GENERAL SHALL MAINTAIN PROCEEDS FROM

PROPERTY FORFEITED TO THE OFFICE OF ATTORNEY GENERAL IN AN

ACCOUNT SEPARATE FROM ANY OTHER ACCOUNT MAINTAINED BY THE OFFICE

OF ATTORNEY GENERAL.

§ 5804. (RESERVED).

§ 5805. FORFEITURE PROCEDURE.

(A) GENERAL PROCEDURE.--THE PROCEEDINGS FOR THE FORFEITURE

OR CONDEMNATION OF PROPERTY, THE SALE OF WHICH IS PROVIDED FOR

IN THIS CHAPTER, SHALL BE IN REM, IN WHICH THE COMMONWEALTH

20150SB0869PN2076 - 87 -

SHALL BE THE PLAINTIFF AND THE PROPERTY THE DEFENDANT. A

FORFEITURE PETITION SIGNED BY THE ATTORNEY GENERAL, DEPUTY

ATTORNEY GENERAL, DISTRICT ATTORNEY OR ASSISTANT DISTRICT

ATTORNEY SHALL BE FILED IN THE COURT OF COMMON PLEAS OF THE

JUDICIAL DISTRICT WHERE THE PROPERTY IS SEIZED OR LOCATED,

VERIFIED BY OATH OR AFFIRMATION OF AN OFFICER. IF CRIMINAL

CHARGES HAVE BEEN FILED AND A PROSECUTION IS PENDING, THE

PETITION SHALL BE FILED IN THE SAME JUDICIAL DISTRICT AS THE

CRIMINAL CHARGES IN ALL INSTANCES EXCEPT THOSE INVOLVING REAL

PROPERTY. EACH PETITION RELATING TO REAL PROPERTY SHALL BE FILED

IN THE JURISDICTION WHERE THE REAL PROPERTY IS LOCATED.

(1) EACH FORFEITURE PETITION SHALL CONTAIN THE

FOLLOWING:

(I) A DESCRIPTION OF THE PROPERTY ACTUALLY SEIZED OR

CONSTRUCTIVELY SEIZED, INCLUDING, BUT NOT LIMITED TO, IF

KNOWN, THE ADDRESS OF ANY REAL PROPERTY, THE EXACT DOLLAR

AMOUNT OF ANY MONEY, NEGOTIABLE INSTRUMENT OR SECURITIES

AND THE MAKE, MODEL, YEAR AND LICENSE PLATE NUMBER OF ANY

VEHICLE.

(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 AND AN AVERMENT OF MATERIAL FACTS ON 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 IS SHOWN TO THE CONTRARY.

(2) THE FOLLOWING SHALL APPLY:

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(I) A CLAIMANT SHALL FILE AN ANSWER SETTING FORTH A

RIGHT OF POSSESSION OF THE PROPERTY WITHIN 30 DAYS OF

SERVICE OF THE FORFEITURE PETITION. THE ANSWER SHALL BE

IN WRITING AND FILED TO THE DOCKET NUMBER IN THE COURT OF

COMMON PLEAS AND SHALL BE SIGNED BY THE CLAIMANT OR THE

CLAIMANT'S ATTORNEY.

(II) THE FOLLOWING SHALL APPLY:

(A) PRIOR TO FILING AN ANSWER TO A FORFEITURE

PETITION, A CLAIMANT MAY FILE A MOTION TO STAY THE

FORFEITURE PROCEEDINGS IF THE CLAIMANT HAS BEEN

CRIMINALLY CHARGED IN A CASE ASSOCIATED WITH THE

FORFEITURE MATTER. IF THE MOTION IS PROPERLY FILED,

IT SHALL BE GRANTED.

(B) THE CLAIMANT SHALL HAVE 30 DAYS FROM THE

DATE THE STAY IS LIFTED TO FILE AN ANSWER IN

ACCORDANCE WITH THIS PARAGRAPH.

(3) AFTER THE ANSWER IS FILED, THE PARTIES SHALL BE

PERMITTED TO CONDUCT DISCOVERY.

(B) NOTICE TO PROPERTY OWNERS.--

(1) A COPY OF THE FORFEITURE PETITION REQUIRED UNDER

SUBSECTION (A) SHALL BE SERVED PERSONALLY OR BY CERTIFIED

MAIL ON THE OWNER, IF KNOWN, AND ON EACH PERSON IN POSSESSION

AT THE TIME OF THE SEIZURE, IF KNOWN. 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,

SAID 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

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ENTERED AGAINST THE PROPERTY.

(2) THE NOTICE UNDER PARAGRAPH (1) MUST BE SIGNED BY THE

ATTORNEY GENERAL, DEPUTY ATTORNEY GENERAL, DISTRICT ATTORNEY,

DEPUTY DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY AND

CONTAIN ACCURATE CONTACT INFORMATION FOR THE SIGNATORY.

(1) IF THE OWNER OF THE PROPERTY IS UNKNOWN, THERE WAS

NO PERSON IN POSSESSION OF THE PROPERTY WHEN SEIZED OR THE

OWNER OR EACH PERSON 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 HAS BEEN SEIZED, ONCE A WEEK FOR TWO

SUCCESSIVE WEEKS.

(2) NOTWITHSTANDING ANY OTHER LAW, NO OTHER

ADVERTISEMENT SHALL BE NECESSARY.

(3) 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 SHALL NOT BE LESS THAN 30 DAYS FROM THE DATE OF

THE FIRST PUBLICATION.

(4) IF NO CLAIMS ARE FILED WITHIN 30 DAYS OF

PUBLICATION, THE COMMONWEALTH MAY MOVE FOR DEFAULT JUDGMENT.

(D) PROPERTY OWNERS NOT IN JURISDICTION.--FOR PURPOSES OF

THIS SECTION, THE OWNER OR OTHER PERSON CANNOT BE FOUND IN THE

JURISDICTION OF THE COURT IF:

(1) A COPY OF THE PETITION IS MAILED TO THE LAST KNOWN

ADDRESS BY CERTIFIED MAIL AND IS RETURNED WITHOUT DELIVERY;

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(2) PERSONAL SERVICE IS ATTEMPTED ONCE, BUT CANNOT BE

MADE AT THE LAST KNOWN ADDRESS; AND

(3) A COPY OF THE PETITION IS LEFT AT THE LAST KNOWN

ADDRESS UNLESS THE ADDRESS DOES NOT EXIST.

(D.1) PROOF OF NOTICE.--THE COMMONWEALTH SHALL FILE PROOF OF

NOTICE WITH THE COURT. A FORFEITURE ORDER SHALL NOT BE FINAL

UNTIL THE COURT FINDS THAT PROOF EXISTS THAT SATISFIES THE

NOTICE REQUIREMENTS CONTAINED UNDER SUBSECTIONS (B), (C) AND

(D).

(E) NOTICE AUTOMATICALLY WAIVED.--THE NOTICE PROVISIONS OF

THIS SECTION SHALL BE AUTOMATICALLY WAIVED IF THE OWNER, WITHOUT

GOOD CAUSE, FAILS TO APPEAR IN COURT IN RESPONSE TO A SUBPOENA

AND A BENCH WARRANT IS ISSUED ON THE UNDERLYING CRIMINAL

CHARGES. IF GOOD CAUSE HAS NOT BEEN DEMONSTRATED, THE

COMMONWEALTH MAY MOVE FOR DEFAULT JUDGMENT.

(F) RELEASE OF SEIZED PROPERTY.--

(1) A CLAIMANT TO PROPERTY SUBJECT TO FORFEITURE IS

ENTITLED TO SEEK THE IMMEDIATE RELEASE OF SEIZED PROPERTY IF:

(I) THE CLAIMANT HAS A POSSESSORY INTEREST IN THE

PROPERTY;

(II) THE CLAIMANT HAS SUFFICIENT TIES TO THE

COMMUNITY TO PROVIDE ASSURANCE THAT THE PROPERTY WILL BE

AVAILABLE AT THE TIME OF THE TRIAL;

(III) THE CONTINUED POSSESSION BY THE COMMONWEALTH

PENDING THE FINAL DISPOSITION OF FORFEITURE PROCEEDINGS

WILL CAUSE SUBSTANTIAL HARDSHIP TO THE CLAIMANT, SUCH AS

PREVENTING THE FUNCTIONING OF A LEGITIMATE BUSINESS,

PREVENTING THE CLAIMANT FROM WORKING OR LEAVING THE

CLAIMANT HOMELESS;

(IV) THE CLAIMANT'S LIKELY HARDSHIP FROM THE

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CONTINUED POSSESSION BY THE COMMONWEALTH OF THE SEIZED

PROPERTY OUTWEIGHS THE RISK THAT THE PROPERTY WILL BE

DESTROYED, DAMAGED, LOST, CONCEALED OR TRANSFERRED IF THE

PROPERTY IS RETURNED TO THE CLAIMANT DURING THE PENDENCY

OF THE FORFEITURE PROCEEDING; AND

(V) NONE OF THE CONDITIONS UNDER PARAGRAPH (6)

APPLY.

(2) THE FOLLOWING SHALL APPLY:

(I) THE CLAIMANT UNDER PARAGRAPH (1) MAY FILE A

MOTION IN THE COURT OF COMMON PLEAS IN WHICH THE

FORFEITURE PETITION HAS BEEN FILED OR, IF NO FORFEITURE

PETITION HAS BEEN FILED, IN THE COURT OF COMMON PLEAS IN

THE JURISDICTION IN WHICH THE PROPERTY WAS SEIZED. THE

MOTION SHALL BE SERVED UPON THE DISTRICT ATTORNEY OR

ATTORNEY GENERAL WHO SEIZED THE PROPERTY.

(II) THE MOTION DESCRIBED IN THIS SUBSECTION SHALL

SET FORTH THE BASIS ON WHICH THE REQUIREMENTS OF

PARAGRAPH (1) HAVE BEEN MET.

(3) IF THE COMMONWEALTH ESTABLISHES THAT THE CLAIMANT'S

MOTION IS MERITLESS, THE COURT SHALL DENY THE MOTION. IN

RESPONSE TO A MOTION UNDER THIS SUBSECTION ON OTHER GROUNDS,

THE COMMONWEALTH MAY, IN APPROPRIATE CASES, SUBMIT EVIDENCE

EX PARTE IN ORDER TO AVOID DISCLOSING ANY MATTER THAT MAY

ADVERSELY AFFECT AN ONGOING CRIMINAL INVESTIGATION OR PENDING

CRIMINAL TRIAL.

(4) THE FOLLOWING SHALL APPLY:

(I) THE COURT SHALL ORDER THAT THE PROPERTY BE

RETURNED TO THE CLAIMANT PENDING COMPLETION OF THE

FORFEITURE PROCEEDING IF:

(A) A MOTION IS FILED UNDER PARAGRAPH (2); AND

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(B) FOLLOWING A HEARING, THE CLAIMANT HAS

DEMONSTRATED THAT THE REQUIREMENTS OF PARAGRAPH (1)

HAVE BEEN MET.

(II) IF THE MOTION ADDRESSES CURRENCY, MONETARY

INSTRUMENTS OR ELECTRONIC FUNDS, THE CLAIMANT MUST

ESTABLISH BY A PREPONDERANCE OF THE EVIDENCE A DOCUMENTED

AND NONCRIMINAL SOURCE OF THE CURRENCY, MONETARY

INSTRUMENT OR ELECTRONIC FUND. THE REQUIREMENT UNDER THIS

SUBPARAGRAPH SHALL BE IN ADDITION TO THE REQUIREMENTS

UNDER SUBPARAGRAPH (I).

(5) IF THE COURT GRANTS A MOTION UNDER PARAGRAPH (4):

(I) THE COURT SHALL ENTER ANY ORDER NECESSARY TO

ENSURE THAT THE VALUE OF THE PROPERTY IS MAINTAINED WHILE

THE FORFEITURE ACTION IS PENDING, INCLUDING:

(A) PERMITTING THE INSPECTION, PHOTOGRAPHING AND

THE TAKING OF INVENTORY OF THE PROPERTY;

(B) FIXING A BOND AS PROVIDED UNDER PARAGRAPH

(5.1); AND

INSURANCE ON THE SUBJECT PROPERTY;

(II) THE COMMONWEALTH MAY PLACE A LIEN AGAINST THE

PROPERTY OR FILE A LIS PENDENS TO ENSURE THAT THE

PROPERTY IS NOT TRANSFERRED TO ANOTHER PERSON; AND

(III) IF THE PROPERTY IN QUESTION IS CURRENCY,

MONETARY INSTRUMENTS OR ELECTRONIC FUNDS, THE COURT SHALL

FIX A BOND AS PROVIDED UNDER PARAGRAPH (5.1).

(5.1) FOR THE PURPOSES OF PARAGRAPH (5)(I)(B) AND (III),

THE FOLLOWING SHALL APPLY TO THE FIXING OF A BOND SUFFICIENT

TO SECURE THE VALUE OF THE PROPERTY:

(I) IF THE VALUE OF THE PROPERTY IS LESS THAN

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$2,000, THE COURT MAY ORDER THE FIXING OF A BOND.

(II) IF THE VALUE OF THE PROPERTY IS AT LEAST

$2,000, BUT LESS THAN $5,000, THE COURT MAY ORDER THE

FIXING OF A BOND. IF THE COURT FINDS THAT THE CLAIMANT

HAS NOT DEMONSTRATED HIS OR HER ABILITY TO ENSURE THE

AVAILABILITY OF THE CASH AT THE TIME OF THE FORFEITURE

TRIAL, THE COURT SHALL ORDER THE FIXING OF A BOND.

(III) IF THE VALUE OF THE PROPERTY IS $5,000 OR

MORE, THE COURT SHALL ORDER THE FIXING OF A BOND.

(6) THIS SUBSECTION SHALL NOT APPLY IF THE SEIZED

PROPERTY:

(I) IS CONTRABAND;

(II) IS EVIDENCE WHICH SHALL INCLUDE, BUT NOT BE

LIMITED TO, PROCEEDS FROM A VIOLATION OF LAW;

(III) BY REASON OF DESIGN OR OTHER CHARACTERISTIC,

IS PARTICULARLY SUITED FOR USE IN ILLEGAL ACTIVITIES; OR

(IV) IS LIKELY TO BE USED TO COMMIT ADDITIONAL

CRIMINAL ACTS IF RETURNED TO THE CLAIMANT.

(I) TRIAL TIME.--ON THE FILING OF AN ANSWER SETTING FORTH A

RIGHT OF POSSESSION, THE CASE SHALL BE DEEMED AT ISSUE AND A

TIME SHALL BE FIXED FOR THE TRIAL. A JUDICIAL DISTRICT SHALL NOT

REQUIRE THE PARTIES TO PROCESS THROUGH LOCAL RULES OF

ARBITRATION.

(J) BURDEN OF PROOF.--

(1) THE BURDEN SHALL BE ON THE COMMONWEALTH TO ESTABLISH

IN THE FORFEITURE PETITION THAT THE PROPERTY IS SUBJECT TO

FORFEITURE.

(2) IF THE COMMONWEALTH SATISFIES THE BURDEN UNDER

PARAGRAPH (1), THE BURDEN SHALL BE ON THE CLAIMANT TO SHOW BY

A PREPONDERANCE OF THE EVIDENCE THAT:

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(I) THE CLAIMANT IS THE OWNER OF THE PROPERTY OR THE

HOLDER OF A CHATTEL MORTGAGE OR CONTRACT OF CONDITIONAL

SALE ON THE PROPERTY; AND

(II) THE CLAIMANT LAWFULLY ACQUIRED THE PROPERTY.

(3) IF THE CLAIMANT SATISFIES THE BURDEN UNDER PARAGRAPH

(2), THE BURDEN SHALL BE ON THE COMMONWEALTH TO ESTABLISH BY

CLEAR AND CONVINCING EVIDENCE THAT THE PROPERTY IN QUESTION

WAS UNLAWFULLY USED, POSSESSED OR OTHERWISE SUBJECT TO THE

FORFEITURE.

(4) IF THE COMMONWEALTH SATISFIES THE BURDEN UNDER

PARAGRAPH (3) AND THE CLAIMANT ALLEGES THAT HE DID NOT HAVE

KNOWLEDGE OF THE UNLAWFUL ACTIVITY OR CONSENT TO THE UNLAWFUL

ACTIVITY, THE BURDEN SHALL BE ON THE COMMONWEALTH TO

ESTABLISH BY CLEAR AND CONVINCING EVIDENCE:

(I) THAT THE PROPERTY WAS UNLAWFULLY USED OR

POSSESSED BY THE CLAIMANT; OR

(II) IF IT APPEARS THAT THE PROPERTY WAS UNLAWFULLY

USED OR POSSESSED BY A PERSON OTHER THAN THE CLAIMANT,

THAT THE PERSON UNLAWFULLY USED OR POSSESSED THE PROPERTY

WITH THE CLAIMANT'S KNOWLEDGE AND CONSENT.

(K) PROPORTIONALITY.--

(1) IF THE COURT DETERMINES THAT THE FORFEITURE PETITION

SHALL BE GRANTED, THE CLAIMANT, PRIOR TO ENTRY OF AN ORDER OF

FORFEITURE, MAY PETITION THE COURT TO DETERMINE WHETHER THE

FORFEITURE IS CONSTITUTIONALLY EXCESSIVE.

(2) IF THE COURT FINDS THAT THE FORFEITURE IS GROSSLY

DISPROPORTIONAL TO THE OFFENSE, THE COURT SHALL REDUCE OR

ELIMINATE THE FORFEITURE AS NECESSARY TO AVOID A

CONSTITUTIONAL VIOLATION.

§ 5806. MOTION FOR RETURN OF PROPERTY.

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(A) MOTION.--THE FOLLOWING SHALL APPLY:

(1) A PERSON AGGRIEVED BY A SEARCH AND SEIZURE MAY MOVE

FOR THE RETURN OF THE PROPERTY SEIZED BY FILING A MOTION IN

THE COURT OF COMMON PLEAS IN THE JUDICIAL DISTRICT WHERE THE

PROPERTY IS LOCATED.

(2) THE FILER UNDER PARAGRAPH (1) MUST SERVE THE

COMMONWEALTH.

(3) UPON PROOF OF SERVICE, THE COURT SHALL SCHEDULE A

PROMPT HEARING ON THE MOTION AND SHALL NOTIFY THE

COMMONWEALTH. A HEARING ON THE MOTION SHALL, TO THE EXTENT

PRACTICABLE AND CONSISTENT WITH THE INTERESTS OF JUSTICE, BE

HELD WITHIN 30 DAYS OF THE FILING OF THE MOTION.

(4) THE ASSIGNED JUDGE MAY REQUIRE THE FILING OF AN

ANSWER.

(5) IF A FORFEITURE PETITION WAS FILED BY THE

COMMONWEALTH BEFORE THE FILING OF A MOTION FOR RETURN OF

PROPERTY, THE MOTION SHALL BE ASSIGNED TO THE SAME JUDGE FOR

DISPOSITION, AS PRACTICABLE.

(B) CONTENTS OF MOTION.--A MOTION UNDER THIS SECTION SHALL:

(1) BE SIGNED BY THE PETITIONER UNDER PENALTY OF

PERJURY.

(2) DESCRIBE THE NATURE AND EXTENT OF THE PETITIONER'S

RIGHT, TITLE OR INTEREST IN THE PROPERTY, THE TIME AND

CIRCUMSTANCES OF THE PETITIONER'S ACQUISITION OF THE RIGHT,

TITLE OR INTEREST IN THE PROPERTY AND ANY ADDITIONAL FACTS

SUPPORTING THE PETITIONER'S CLAIM. THE INFORMATION SHALL

INCLUDE:

(I) A DESCRIPTION OF THE PROPERTY SEIZED.

(II) A STATEMENT OF THE TIME AND PLACE WHERE SEIZED,

IF KNOWN.

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(III) THE OWNER, IF KNOWN.

(IV) THE PERSON IN POSSESSION, IF KNOWN.

(3) IDENTIFY THE RELIEF SOUGHT, WHICH MAY INCLUDE:

(I) RETURN OF THE PETITIONER'S PROPERTY;

(II) REIMBURSEMENT FOR THE PETITIONER'S LEGAL

INTEREST IN THE PROPERTY;

(III) SEVERANCE OF THE PETITIONER'S PROPERTY FROM

THE FORFEITED PROPERTY;

(IV) ANY RELIEF THE COURT DEEMS APPROPRIATE AND

JUST; OR

(V) ANY RELIEF THE COURT DEEMS APPROPRIATE.

§ 5806.1. PROCEDURE FOLLOWING ACQUITTAL.

(A) PRESUMPTION AGAINST FORFEITURE.--IF THE OWNER OF THE

PROPERTY IS ACQUITTED OF ALL CRIMES WHICH AUTHORIZE FORFEITURE,

THERE SHALL BE A REBUTTABLE PRESUMPTION THAT THE PROPERTY WAS

LAWFULLY USED OR POSSESSED BY THE CLAIMANT.

(B) AUTOMATIC MOTION.--IF THE OWNER OF THE PROPERTY IS

ACQUITTED OF ALL CRIMES WHICH AUTHORIZE FORFEITURE, THE OWNER

SHALL BE ENTITLED TO A HEARING UNDER SECTION 5806 (RELATING TO

MOTION FOR RETURN OF PROPERTY).

THE PROPERTY AT ISSUE HAS ALREADY BEEN LITIGATED, THIS SECTION

SHALL NOT APPLY.

(D) DEFINITIONS.--AS USED IN THIS SECTION, THE TERM

"ACQUITTAL" SHALL NOT INCLUDE ACCEPTANCE OF ACCELERATED

REHABILITATIVE DISPOSITION OR ANY OTHER FORM OF PRELIMINARY

DISPOSITION, INCLUDING PLEA AGREEMENTS.

§ 5806.2. REPRESENTATION.

NOTWITHSTANDING THE ACT OF DECEMBER 2, 1968 (P.L.1144,

NO.358), KNOWN AS THE PUBLIC DEFENDER ACT, THE FOLLOWING SHALL

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APPLY:

(1) IF A PERSON WITH STANDING TO CONTEST THE FORFEITURE

OF PROPERTY IN A CIVIL FORFEITURE PROCEEDING UNDER THIS

CHAPTER IS FINANCIALLY UNABLE TO OBTAIN REPRESENTATION BY AN

ATTORNEY AND THE PROPERTY SUBJECT TO FORFEITURE IS REAL

PROPERTY, THE COURT, AT THE REQUEST OF THE PERSON, SHALL

ENSURE THAT THE PERSON IS REPRESENTED BY AN ATTORNEY WITH

RESPECT TO THE CLAIM.

(2) IF A PERSON WHO HAS NOT BEEN CHARGED IN A RELATED

CRIMINAL CASE AND WHO HAS STANDING TO CONTEST THE FORFEITURE

OF PROPERTY IN A CIVIL FORFEITURE PROCEEDING UNDER THIS

CHAPTER IS FINANCIALLY UNABLE TO OBTAIN REPRESENTATION BY AN

ATTORNEY, THE COURT MAY AUTHORIZE AN ATTORNEY TO REPRESENT

THAT PERSON WITH RESPECT TO THE CLAIM.

(3) IN DETERMINING WHETHER TO AUTHORIZE AN ATTORNEY TO

REPRESENT A PERSON UNDER THIS SECTION, THE COURT SHALL TAKE

INTO ACCOUNT THE FOLLOWING FACTORS:

(I) THE PERSON'S STANDING TO CONTEST THE FORFEITURE;

AND

(II) WHETHER THE CLAIM APPEARS TO BE MADE IN GOOD

FAITH.

§ 5807. RESTRICTIONS ON USE.

THE AUDIT REQUIRED UNDER SECTION 5803(J) (RELATING TO ASSET

FORFEITURE) SHALL INCLUDE A COPY OF EACH EQUITABLE SHARING

AGREEMENT AND CERTIFICATION FORM FILED WITH THE UNITED STATES

DEPARTMENT OF JUSTICE WITHIN THE LAST 12 MONTHS. PROPERTY, MONEY

OR OTHER THINGS OF VALUE RECEIVED BY A STATE LAW ENFORCEMENT

AUTHORITY UNDER ANY OF THE FOLLOWING MAY NOT BE USED FOR

CONTRIBUTIONS TO POLITICAL CAMPAIGNS, EXPENSES RELATED TO

JUDICIAL TRAININGS OR THE PURCHASE OF ALCOHOLIC BEVERAGES:

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(1) A FEDERAL LAW WHICH AUTHORIZES THE SHARING OR

TRANSFER OF ALL OR A PORTION OF FORFEITED PROPERTY OR THE

PROCEEDS OF THE SALE OF FORFEITED PROPERTY TO A STATE LAW

ENFORCEMENT AUTHORITY.

(2) EXCEPT FOR SECTION 5802 (RELATING TO CONTROLLED

SUBSTANCES FORFEITURE), A FORFEITURE AUTHORIZED UNDER 18

PA.C.S. (RELATING TO CRIMES AND OFFENSES ) OR 4 PA.C.S.

(RELATING TO AMUSEMENTS).

§ 5807.1. PROHIBITION ON ADOPTIVE SEIZURES.

STATE LAW ENFORCEMENT AUTHORITIES SHALL NOT REFER SEIZED

PROPERTY TO A FEDERAL AGENCY SEEKING THE ADOPTION BY THE FEDERAL

AGENCY OF THE SEIZED PROPERTY. NOTHING UNDER THIS CHAPTER SHALL

PROHIBIT THE FEDERAL GOVERNMENT OR ANY OF ITS AGENCIES FROM

SEEKING FEDERAL FORFEITURE.

§ 5808. EXCEPTIONS.

(A) FORFEITURES EXEMPTED.--FORFEITURES OF PROPERTY SHALL BE

CONDUCTED IN ACCORDANCE WITH THIS CHAPTER, EXCEPT FOR

FORFEITURES AUTHORIZED BY:

(1) SECTION 3 OF THE ACT OF JULY 8, 1978 (P.L.752,

NO.140), KNOWN AS THE PUBLIC EMPLOYEE PENSION FORFEITURE ACT.

(2) SECTION 6 OF THE ACT OF APRIL 6, 1980 (P.L.102,

NO.39), REFERRED TO AS THE AGRICULTURAL LAND ACQUISITION BY

ALIENS LAW.

(3) SECTIONS 207, 211 AND 505-A OF THE ACT OF DECEMBER

7, 1982 (P.L.784, NO.225), KNOWN AS THE DOG LAW.

(4) 18 PA.C.S. § 3021 (RELATING TO ASSET FORFEITURE);

(5) 18 PA.C.S. § 5511 (RELATING TO CRUELTY TO ANIMALS);

(6) 18 PA.C.S. § 6110.1 (RELATING TO POSSESSION OF

FIREARM BY MINOR);

(7) 18 PA.C.S. § 6321 (RELATING TO TRANSMISSION OF

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SEXUALLY EXPLICIT IMAGES BY MINOR);

(8) 27 PA.C.S. § 6208 (RELATING TO PENALTIES);

(9) 37 PA.C.S. § 511 (RELATING TO CRIMINAL PENALTIES);

(10) 75 PA.C.S. § 9405 (RELATING TO FORFEITURES; PROCESS

AND PROCEDURES).

(B) CONTRABAND.--NOTHING IN THIS CHAPTER SHALL BE CONSTRUED

TO APPLY TO THE FORFEITURE OF THE FOLLOWING:

(1) ITEMS BEARING A COUNTERFEIT MARK UNDER 18 PA.C.S. §

4119 (RELATING TO TRADEMARK COUNTERFEITING).

(2) LIQUOR, ALCOHOL OR MALT OR BREWED BEVERAGES

ILLEGALLY MANUFACTURED OR POSSESSED UNDER SECTION 601 OF THE

ACT OF APRIL 12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR

CODE.

(3) UNLAWFULLY STAMPED CIGARETTES UNDER SECTION 307 OF

THE ACT OF DECEMBER 30, 2003 (P.L.441, NO.64), KNOWN AS THE

TOBACCO PRODUCT MANUFACTURER DIRECTORY ACT.

(4) UNSTAMPED CIGARETTES UNDER SECTION 1285 OF THE ACT

OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE

OF 1971.

NOT APPLY TO ABANDONED OR UNCLAIMED PROPERTY UNDER ARTICLE

XIII.1 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS

THE FISCAL CODE. A DEFENDANT IN A CRIMINAL CASE WHO DISCLAIMS

OWNERSHIP OF PROPERTY DURING THE CRIMINAL CASE MAY NOT CLAIM

OWNERSHIP DURING A SUBSEQUENT FORFEITURE PROCEEDING.

SECTION 8. SECTION 6801(A) AND (B) OF TITLE 42 ARE AMENDED

TO READ:

§ 6801. CONTROLLED SUBSTANCES FORFEITURE.

[(A) FORFEITURES GENERALLY.--THE FOLLOWING SHALL BE SUBJECT

TO FORFEITURE TO THE COMMONWEALTH AND NO PROPERTY RIGHT SHALL

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EXIST IN THEM:

(1) ALL DRUG PARAPHERNALIA, CONTROLLED SUBSTANCES OR

OTHER DRUGS WHICH HAVE BEEN MANUFACTURED, DISTRIBUTED,

DISPENSED OR ACQUIRED IN VIOLATION OF THE ACT OF APRIL 14,

1972 (P.L.233, NO.64), KNOWN AS THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

(2) ALL RAW MATERIALS, PRODUCTS AND EQUIPMENT OF ANY

KIND WHICH ARE USED, OR INTENDED FOR USE, IN MANUFACTURING,

COMPOUNDING, PROCESSING, DELIVERING, IMPORTING OR EXPORTING

ANY CONTROLLED SUBSTANCE OR OTHER DRUG IN VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(3) ALL PROPERTY WHICH IS USED, OR INTENDED FOR USE, AS

A CONTAINER FOR PROPERTY DESCRIBED IN PARAGRAPH (1) OR (2).

(4) ALL CONVEYANCES, INCLUDING AIRCRAFT, VEHICLES OR

VESSELS, WHICH ARE USED OR ARE INTENDED FOR USE TO TRANSPORT,

OR IN ANY MANNER TO FACILITATE THE TRANSPORTATION, SALE,

RECEIPT, POSSESSION OR CONCEALMENT OF, PROPERTY DESCRIBED IN

PARAGRAPH (1) OR (2), EXCEPT THAT:

(I) NO CONVEYANCE USED BY ANY PERSON AS A COMMON

CARRIER IN THE TRANSACTION OF BUSINESS AS A COMMON

CARRIER SHALL BE FORFEITED UNDER THE PROVISIONS OF THIS

SECTION UNLESS IT SHALL APPEAR THAT THE OWNER OR OTHER

PERSON IN CHARGE OF SUCH CONVEYANCE WAS A CONSENTING

PARTY OR PRIVY TO A VIOLATION OF THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT;

(II) NO CONVEYANCE SHALL BE FORFEITED UNDER THE

PROVISIONS OF THIS SECTION BY REASON OF ANY ACT OR

OMISSION ESTABLISHED BY THE OWNER THEREOF TO HAVE BEEN

COMMITTED OR OMITTED WITHOUT HIS KNOWLEDGE OR CONSENT,

WHICH ABSENCE OF KNOWLEDGE OR CONSENT MUST BE REASONABLE

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UNDER THE CIRCUMSTANCES PRESENTED;

(III) NO BONA FIDE SECURITY INTEREST RETAINED OR

ACQUIRED UNDER 13 PA.C.S. (RELATING TO COMMERCIAL CODE)

BY ANY MERCHANT DEALING IN NEW OR USED AIRCRAFT, VEHICLES

OR VESSELS, OR RETAINED OR ACQUIRED BY ANY LICENSED OR

REGULATED FINANCE COMPANY, BANK OR LENDING INSTITUTION,

OR BY ANY OTHER BUSINESS REGULARLY ENGAGED IN THE

FINANCING OF, OR LENDING ON THE SECURITY OF, SUCH

AIRCRAFT, VEHICLES OR VESSELS, SHALL BE SUBJECT TO

FORFEITURE OR IMPAIRMENT; AND

(IV) NO CONVEYANCE SHALL BE FORFEITED UNDER THIS

SECTION FOR VIOLATION OF SECTION 13(A)(31) OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(5) ALL BOOKS, RECORDS AND RESEARCH, INCLUDING FORMULAS,

MICROFILM, TAPES AND DATA, WHICH ARE USED OR INTENDED FOR USE

IN VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT.

(6) (I) ALL OF THE FOLLOWING:

(A) MONEY, NEGOTIABLE INSTRUMENTS, SECURITIES OR

OTHER THINGS OF VALUE FURNISHED OR INTENDED TO BE

FURNISHED BY ANY PERSON IN EXCHANGE FOR A CONTROLLED

SUBSTANCE IN VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT, AND ALL PROCEEDS

TRACEABLE TO SUCH AN EXCHANGE.

(B) MONEY, NEGOTIABLE INSTRUMENTS, SECURITIES OR

OTHER THINGS OF VALUE USED OR INTENDED TO BE USED TO

FACILITATE ANY VIOLATION OF THE CONTROLLED SUBSTANCE,

DRUG, DEVICE AND COSMETIC ACT.

FACILITATE ANY VIOLATION OF THE CONTROLLED SUBSTANCE,

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DRUG, DEVICE AND COSMETIC ACT, INCLUDING STRUCTURES

OR OTHER IMPROVEMENTS THEREON, AND INCLUDING ANY

RIGHT, TITLE AND INTEREST IN THE WHOLE OR ANY LOT OR

TRACT OF LAND AND ANY APPURTENANCES OR IMPROVEMENTS,

WHICH IS USED, OR INTENDED TO BE USED, IN ANY MANNER

OR PART, TO COMMIT, OR TO FACILITATE THE COMMISSION

OF, A VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG,

DEVICE AND COSMETIC ACT, AND THINGS GROWING ON,

AFFIXED TO AND FOUND IN THE LAND.

(II) NO PROPERTY SHALL BE FORFEITED UNDER THIS

PARAGRAPH, TO THE EXTENT OF THE INTEREST OF AN OWNER, BY

REASON OF ANY ACT OR OMISSION ESTABLISHED BY THE OWNER TO

HAVE BEEN COMMITTED OR OMITTED WITHOUT THE KNOWLEDGE OR

CONSENT OF THAT OWNER. SUCH MONEY AND NEGOTIABLE

INSTRUMENTS FOUND IN CLOSE PROXIMITY TO CONTROLLED

SUBSTANCES POSSESSED IN VIOLATION OF THE CONTROLLED

SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT SHALL BE

REBUTTABLY PRESUMED TO BE PROCEEDS DERIVED FROM THE

SELLING OF A CONTROLLED SUBSTANCE IN VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.

(III) NO VALID LIEN OR ENCUMBRANCE ON REAL PROPERTY

SHALL BE SUBJECT TO FORFEITURE OR IMPAIRMENT UNDER THIS

PARAGRAPH. A LIEN WHICH IS FRAUDULENT OR INTENDED TO

AVOID FORFEITURE UNDER THIS SECTION SHALL BE INVALID.

(7) ANY FIREARMS, INCLUDING, BUT NOT LIMITED TO, RIFLES,

SHOTGUNS, PISTOLS, REVOLVERS, MACHINE GUNS, ZIP GUNS OR ANY

TYPE OF PROHIBITED OFFENSIVE WEAPON, AS THAT TERM IS DEFINED

IN 18 PA.C.S. (RELATING TO CRIMES AND OFFENSES), WHICH ARE

USED OR INTENDED FOR USE TO FACILITATE A VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT. SUCH

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OPERABLE FIREARMS AS ARE FOUND IN CLOSE PROXIMITY TO

ILLEGALLY POSSESSED CONTROLLED SUBSTANCES SHALL BE REBUTTABLY

PRESUMED TO BE USED OR INTENDED FOR USE TO FACILITATE A

VIOLATION OF THE CONTROLLED SUBSTANCE, DRUG, DEVICE AND

COSMETIC ACT. ALL WEAPONS FORFEITED UNDER THIS SECTION SHALL

BE IMMEDIATELY DESTROYED BY THE RECEIVING LAW ENFORCEMENT

AGENCY.

(B) PROCESS AND SEIZURE.--PROPERTY SUBJECT TO FORFEITURE

UNDER THIS CHAPTER MAY BE SEIZED BY THE LAW ENFORCEMENT

AUTHORITY UPON PROCESS ISSUED BY ANY COURT OF COMMON PLEAS

HAVING JURISDICTION OVER THE PROPERTY. SEIZURE WITHOUT PROCESS

MAY BE MADE IF:

(1) THE SEIZURE IS INCIDENT TO AN ARREST OR A SEARCH

UNDER A SEARCH WARRANT OR INSPECTION UNDER AN ADMINISTRATIVE

INSPECTION WARRANT;

(2) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE SUBJECT

OF A PRIOR JUDGMENT IN FAVOR OF THE COMMONWEALTH IN A

CRIMINAL INJUNCTION OR FORFEITURE PROCEEDING UNDER THIS

CHAPTER;

(3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

IS DANGEROUS TO HEALTH OR SAFETY; OR

(4) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

HAS BEEN USED OR IS INTENDED TO BE USED IN VIOLATION OF THE

CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT.]

* * *

SECTION 8.1. SECTIONS 6801.1 AND 6802 OF TITLE 42 ARE

REPEALED:

[§ 6801.1. TERRORISM FORFEITURE.

(A) FORFEITURES GENERALLY.--THE FOLLOWING SHALL BE SUBJECT

TO FORFEITURES TO THE COMMONWEALTH, AND NO PROPERTY RIGHT SHALL

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EXIST IN THEM:

(1) ALL ASSETS, FOREIGN OR DOMESTIC:

(I) OF AN INDIVIDUAL, ENTITY OR ORGANIZATION ENGAGED

IN PLANNING OR PERPETRATING AN ACT IN THIS COMMONWEALTH

WHICH VIOLATES 18 PA.C.S. § 2717 (RELATING TO TERRORISM)

AND ALL ASSETS, FOREIGN OR DOMESTIC, AFFORDING A PERSON A

SOURCE OF INFLUENCE OVER SUCH AN ENTITY OR ORGANIZATION.

(II) ACQUIRED OR MAINTAINED BY A PERSON WITH THE

INTENT AND FOR THE PURPOSE OF SUPPORTING, PLANNING,

CONDUCTING OR CONCEALING AN ACT IN THIS COMMONWEALTH

WHICH VIOLATES 18 PA.C.S. § 2717.

(III) DERIVED FROM, INVOLVED IN OR USED OR INTENDED

TO BE USED TO COMMIT AN ACT IN THIS COMMONWEALTH WHICH

VIOLATES 18 PA.C.S. § 2717.

(2) ALL ASSETS WITHIN THIS COMMONWEALTH:

(I) OF AN INDIVIDUAL, ENTITY OR ORGANIZATION ENGAGED

IN PLANNING OR PERPETRATING AN ACT WHICH VIOLATES 18

PA.C.S. § 2717.

(II) ACQUIRED OR MAINTAINED WITH THE INTENT AND FOR

THE PURPOSE OF SUPPORTING, PLANNING, CONDUCTING OR

CONCEALING AN ACT WHICH VIOLATES 18 PA.C.S. § 2717.

(III) DERIVED FROM, INVOLVED IN OR USED OR INTENDED

TO BE USED TO COMMIT AN ACT WHICH VIOLATES 18 PA.C.S. §

2717.

(B) PROCESS AND SEIZURES.--PROPERTY SUBJECT TO FORFEITURE

UNDER THIS SECTION MAY BE SEIZED BY THE LAW ENFORCEMENT

AUTHORITY UPON PROCESS ISSUED BY A COURT OF COMMON PLEAS HAVING

JURISDICTION OVER THE PROPERTY. SEIZURE WITHOUT PROCESS MAY BE

MADE IF ANY OF THE FOLLOWING APPLY:

(1) THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER

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A SEARCH WARRANT OR AN INSPECTION UNDER AN ADMINISTRATIVE

INSPECTION WARRANT.

(2) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE SUBJECT

OF A PRIOR JUDGMENT IN FAVOR OF THE COMMONWEALTH IN A

CRIMINAL INJUNCTION OR FORFEITURE PROCEEDING UNDER THIS

CHAPTER.

(3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

IS DANGEROUS TO HEALTH OR SAFETY.

(4) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY

HAS BEEN OR IS INTENDED TO BE USED IN THE COMMISSION OF AN

ACT WHICH VIOLATES 18 PA.C.S. § 2717.

WITHOUT PROCESS, PROCEEDINGS FOR THE ISSUANCE OF PROCESS SHALL

BE INSTITUTED FORTHWITH.

(D) CUSTODY OF PROPERTY.--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 OR THE ATTORNEY GENERAL. WHEN PROPERTY IS SEIZED UNDER

THIS SECTION, THE LAW ENFORCEMENT AUTHORITY SHALL PLACE THE

PROPERTY UNDER SEAL AND EITHER:

(1) REMOVE THE PROPERTY TO A PLACE DETERMINED BY THE LAW

ENFORCEMENT AUTHORITY; OR

(2) REQUEST THAT THE DISTRICT ATTORNEY OR ATTORNEY

GENERAL TAKE CUSTODY OF THE PROPERTY AND REMOVE IT TO AN

APPROPRIATE LOCATION FOR DISPOSITION IN ACCORDANCE WITH LAW.

(E) USE OF PROPERTY HELD IN CUSTODY.--WHENEVER PROPERTY IS

FORFEITED UNDER THIS SECTION, IT 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 OF 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,

THE PROCEEDS FROM ANY SUCH SALE TO 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 DEALT WITH UNDER SUBSECTIONS (F) AND (G).

(F) USE OF CASH OR PROCEEDS OF PROPERTY.--CASH OR PROCEEDS

OF FORFEITED PROPERTY TRANSFERRED TO THE CUSTODY OF THE DISTRICT

ATTORNEY UNDER 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 IN ENFORCING THE CRIMINAL LAWS OF

THE COMMONWEALTH OF PENNSYLVANIA. THE ENTITY HAVING BUDGETARY

CONTROL SHALL NOT ANTICIPATE FUTURE FORFEITURES OR PROCEEDS

THEREFROM IN ADOPTION AND APPROVAL OF THE BUDGET FOR THE

DISTRICT ATTORNEY.

(G) DISTRIBUTION OF PROPERTY AMONG LAW ENFORCEMENT

AUTHORITIES.--IF BOTH MUNICIPAL AND STATE LAW ENFORCEMENT

AUTHORITIES WERE SUBSTANTIALLY INVOLVED IN EFFECTING THE

SEIZURE, THE COURT HAVING JURISDICTION OVER THE FORFEITURE

PROCEEDINGS SHALL EQUITABLY DISTRIBUTE THE PROPERTY BETWEEN THE

DISTRICT ATTORNEY AND THE ATTORNEY GENERAL.

(H) AUTHORIZATION TO UTILIZE PROPERTY.--THE DISTRICT

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ATTORNEY AND THE ATTORNEY GENERAL SHALL UTILIZE FORFEITED

PROPERTY OR PROCEEDS THEREOF FOR THE PURPOSE OF ENFORCING THE

PROVISIONS OF 18 PA.C.S. § 2717, SECTION 6802 (RELATING TO

PROCEDURE WITH RESPECT TO SEIZED PROPERTY SUBJECT TO LIENS AND

RIGHTS OF LIENHOLDERS) AND THIS SECTION. IN APPROPRIATE CASES,

THE DISTRICT ATTORNEY AND THE ATTORNEY GENERAL MAY DESIGNATE

PROCEEDS FROM FORFEITED PROPERTY TO BE UTILIZED FOR

ANTITERRORISM PUBLIC SAFETY PROGRAMS AND FOR RELOCATION AND

PROTECTION OF WITNESSES IN CRIMINAL CASES.

(I) ANNUAL AUDIT OF FORFEITED PROPERTY.--IT SHALL BE THE

RESPONSIBILITY OF EVERY COUNTY IN THIS COMMONWEALTH TO PROVIDE,

THROUGH THE CONTROLLER, BOARD OF AUDITORS OR OTHER APPROPRIATE

AUDITOR AND THE DISTRICT ATTORNEY, AN ANNUAL AUDIT OF ALL

FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION. THE

AUDIT SHALL NOT BE MADE PUBLIC BUT SHALL BE SUBMITTED TO THE

OFFICE OF ATTORNEY GENERAL. THE COUNTY SHALL REPORT ALL

FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION AND

THE DISPOSITION THEREOF TO THE ATTORNEY GENERAL BY SEPTEMBER 30

OF EACH YEAR.

(J) ANNUAL REPORT; CONFIDENTIAL INFORMATION REGARDING

PROPERTY.--THE ATTORNEY GENERAL SHALL ANNUALLY SUBMIT A REPORT

TO THE APPROPRIATIONS COMMITTEE AND JUDICIARY COMMITTEE OF THE

SENATE AND THE APPROPRIATIONS COMMITTEE AND JUDICIARY COMMITTEE

OF THE HOUSE OF REPRESENTATIVES SPECIFYING THE FORFEITED

PROPERTY OR PROCEEDS THEREOF OBTAINED UNDER THIS SECTION. THE

REPORT SHALL GIVE AN ACCOUNTING OF ALL PROCEEDS DERIVED FROM THE

SALE OF FORFEITED PROPERTY AND THE USE MADE OF UNSOLD FORFEITED

PROPERTY. THE ATTORNEY GENERAL SHALL ADOPT PROCEDURES AND

GUIDELINES GOVERNING THE RELEASE OF INFORMATION BY THE DISTRICT

ATTORNEY TO PROTECT THE CONFIDENTIALITY OF FORFEITED PROPERTY OR

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PROCEEDS USED IN ONGOING ANTITERRORIST ACTIVITIES.

(K) PROCEEDS AND APPROPRIATIONS.--THE PROCEEDS OR FUTURE

PROCEEDS FROM PROPERTY FORFEITED UNDER THIS SECTION SHALL BE IN

ADDITION TO ANY APPROPRIATION MADE TO THE OFFICE OF ATTORNEY

GENERAL.

§ 6802. PROCEDURE WITH RESPECT TO SEIZED PROPERTY SUBJECT TO

LIENS AND RIGHTS OF LIENHOLDERS.

(A) GENERAL PROCEDURE.--THE PROCEEDINGS FOR THE FORFEITURE

OR CONDEMNATION OF PROPERTY, THE SALE OF WHICH IS PROVIDED FOR

IN THIS CHAPTER, 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:

(1) A DESCRIPTION OF THE PROPERTY SEIZED.

(2) A STATEMENT OF THE TIME AND PLACE WHERE SEIZED.

(3) THE OWNER, IF KNOWN.

(4) THE PERSON OR PERSONS IN POSSESSION, IF KNOWN.

(5) AN ALLEGATION THAT THE PROPERTY IS SUBJECT TO

FORFEITURE PURSUANT TO SECTION 6801(A) (RELATING TO

CONTROLLED SUBSTANCES FORFEITURE) OR 6801.1(A) (RELATING TO

TERRORISM FORFEITURE) AND AN AVERMENT OF MATERIAL FACTS UPON

WHICH THE FORFEITURE ACTION IS BASED.

(6) 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.

(B) NOTICE TO PROPERTY OWNERS.--A COPY OF THE PETITION

REQUIRED UNDER SUBSECTION (A) SHALL BE SERVED PERSONALLY OR BY

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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, SAID

PROPERTY WITHIN 30 DAYS FROM THE SERVICE HEREOF, AND YOU ARE

ALSO NOTIFIED THAT, IF YOU FAIL TO FILE SAID ANSWER, A DECREE

OF FORFEITURE AND CONDEMNATION WILL BE ENTERED AGAINST SAID

PROPERTY.

THE NOTICE SHALL BE SIGNED BY THE ATTORNEY GENERAL, DEPUTY

ATTORNEY GENERAL, DISTRICT ATTORNEY, DEPUTY DISTRICT ATTORNEY OR

ASSISTANT DISTRICT ATTORNEY.

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

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SUMMARILY FORFEIT TO THE COMMONWEALTH.

(D) PROPERTY OWNERS NOT IN JURISDICTION.--FOR PURPOSES OF

THIS SECTION, THE OWNER OR OTHER SUCH PERSON CANNOT BE FOUND IN

THE JURISDICTION OF THE COURT IF:

(1) A COPY OF THE PETITION IS MAILED TO THE LAST KNOWN

ADDRESS BY CERTIFIED MAIL AND IS RETURNED WITHOUT DELIVERY;

(2) PERSONAL SERVICE IS ATTEMPTED ONCE, BUT CANNOT BE

MADE AT THE LAST KNOWN ADDRESS; AND

(3) A COPY OF THE PETITION IS LEFT AT THE LAST KNOWN

ADDRESS.

(E) NOTICE AUTOMATICALLY WAIVED.--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.

(F) PRESERVATION OF THE PROPERTY SUBJECT FOR FORFEITURE.--

UPON APPLICATION OF THE COMMONWEALTH, THE COURT MAY ENTER A

RESTRAINING ORDER OR INJUNCTION, REQUIRE THE EXECUTION OF A

SATISFACTORY PERFORMANCE BOND OR TAKE ANY OTHER ACTION TO

PRESERVE THE AVAILABILITY OF PROPERTY DESCRIBED IN SECTION

6801(A) OR 6801.1(A) FOR FORFEITURE UNDER THIS SECTION EITHER:

(1) UPON THE FILING OF AN INFORMATION OR AN INDICTMENT

CHARGING AN OFFENSE IN THIS COMMONWEALTH FOR WHICH CRIMINAL

FORFEITURE MAY BE ORDERED UNDER THIS CHAPTER AND ALLEGING

THAT THE PROPERTY WITH RESPECT TO WHICH THE ORDER IS SOUGHT

WOULD BE SUBJECT TO FORFEITURE; OR

(2) PRIOR TO THE FILING OF SUCH AN INDICTMENT OR

INFORMATION, IF, AFTER NOTICE TO PERSONS APPEARING TO HAVE AN

INTEREST IN THE PROPERTY AND AN OPPORTUNITY FOR A HEARING,

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THE COURT DETERMINES THAT:

(I) THERE IS A SUBSTANTIAL PROBABILITY THAT THE

COMMONWEALTH WILL PREVAIL ON THE ISSUE OF FORFEITURE AND

THAT FAILURE TO ENTER THE ORDER WILL RESULT IN THE

PROPERTY BEING DESTROYED, REMOVED FROM THE JURISDICTION

OF THE COURT OR OTHERWISE MADE UNAVAILABLE FOR

FORFEITURE; AND

(II) THE NEED TO PRESERVE THE AVAILABILITY OF THE

PROPERTY THROUGH THE ENTRY OF THE REQUESTED ORDER

OUTWEIGHS THE HARDSHIP ON ANY PARTY AGAINST WHOM THE

ORDER IS TO BE ENTERED.

HOWEVER, AN ORDER ENTERED PURSUANT TO THIS PARAGRAPH SHALL BE

EFFECTIVE FOR NOT MORE THAN 90 DAYS UNLESS EXTENDED BY THE

COURT FOR GOOD CAUSE SHOWN OR UNLESS AN INDICTMENT OR

INFORMATION DESCRIBED IN PARAGRAPH (1) HAS BEEN FILED.

(G) TEMPORARY RESTRAINING ORDER.--A TEMPORARY RESTRAINING

ORDER UNDER SUBSECTION (F) MAY BE ENTERED UPON APPLICATION OF

THE COMMONWEALTH WITHOUT NOTICE OR OPPORTUNITY FOR A HEARING

WHEN AN INFORMATION OR INDICTMENT HAS NOT YET BEEN FILED WITH

RESPECT TO THE PROPERTY, IF THE COMMONWEALTH DEMONSTRATES THAT

THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY WITH

RESPECT TO WHICH THE ORDER IS SOUGHT WOULD BE SUBJECT TO

FORFEITURE UNDER THIS CHAPTER AND THAT PROVISION OF NOTICE WILL

JEOPARDIZE THE AVAILABILITY OF THE PROPERTY FOR FORFEITURE. SUCH

A TEMPORARY ORDER SHALL EXPIRE NOT MORE THAN TEN DAYS AFTER THE

DATE ON WHICH IT IS ENTERED, UNLESS EXTENDED FOR GOOD CAUSE

SHOWN OR UNLESS THE PARTY AGAINST WHOM IT IS ENTERED CONSENTS TO

AN EXTENSION FOR A LONGER PERIOD. A HEARING REQUESTED CONCERNING

AN ORDER ENTERED UNDER THIS SUBSECTION SHALL BE HELD AT THE

EARLIEST POSSIBLE TIME AND PRIOR TO THE EXPIRATION OF THE

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TEMPORARY ORDER.

(H) HEARING REGARDING PROPERTY; RULES OF EVIDENCE.--THE

COURT MAY RECEIVE AND CONSIDER, AT A HEARING HELD PURSUANT TO

SUBSECTION (F) OR (G), EVIDENCE AND INFORMATION THAT WOULD BE

INADMISSIBLE UNDER THE RULES OF EVIDENCE.

(I) HEARING TIME SET.--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.

(J) OWNER'S BURDEN OF PROOF.--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 SECTION 6801(A) OR 6801.1(A), THE BURDEN SHALL

BE UPON THE CLAIMANT TO SHOW:

(1) THAT THE CLAIMANT IS THE OWNER OF THE PROPERTY OR

THE HOLDER OF A CHATTEL MORTGAGE OR CONTRACT OF CONDITIONAL

SALE THEREON.

(2) THAT THE CLAIMANT LAWFULLY ACQUIRED THE PROPERTY.

(3) 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.

(K) COURT-ORDERED RELEASE OF PROPERTY.--IF A PERSON CLAIMING

THE OWNERSHIP OF OR RIGHT OF POSSESSION TO OR CLAIMING TO BE THE

HOLDER OF A CHATTEL MORTGAGE OR CONTRACT OF CONDITIONAL SALE

UPON THE PROPERTY, THE DISPOSITION OF WHICH IS PROVIDED FOR IN

THIS SECTION, PRIOR TO THE SALE PRESENTS A PETITION TO THE COURT

ALLEGING OVER THE PROPERTY LAWFUL OWNERSHIP, RIGHT OF

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POSSESSION, A LIEN OR RESERVATION OF TITLE AND IF, UPON PUBLIC

HEARING, DUE NOTICE OF WHICH HAVING BEEN GIVEN TO THE ATTORNEY

GENERAL OR 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 SECTION 6801(E) OR 6801.1(F).]

SECTION 9. SECTIONS 4909(C), 9405(A), (B), (C)(1), (D), (I)

AND (J) AND 9406 OF TITLE 75 ARE AMENDED TO READ:

§ 4909. TRANSPORTING FOODSTUFFS IN VEHICLES USED TO TRANSPORT

WASTE.

* * *

THE COMMISSION OF AN OFFENSE UNDER THIS SECTION SHALL BE DEEMED

CONTRABAND AND FORFEITED [TO THE DEPARTMENT OF ENVIRONMENTAL

RESOURCES. THE PROVISIONS OF LAW RELATING TO THE SEIZURE,

SUMMARY AND JUDICIAL FORFEITURE, AND CONDEMNATION OF

INTOXICATING LIQUOR SHALL APPLY TO SEIZURES AND FORFEITURES

UNDER THIS SECTION. PROCEEDS FROM THE SALE OF FORFEITED VEHICLES

OR CONVEYANCES SHALL BE DEPOSITED IN THE SOLID WASTE ABATEMENT

FUND] IN ACCORDANCE WITH 42 PA.C.S. CH. 58 (RELATING TO

FORFEITURE OF ASSETS).

* * *

§ 9405. FORFEITURES; PROCESS AND PROCEDURES.

(A) SUBJECTS OF FORFEITURE.--THE FOLLOWING ARE SUBJECT TO

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FORFEITURE TO THE COMMONWEALTH AND NO PROPERTY RIGHT SHALL EXIST

IN THEM:

(1) ANY LIQUID FUELS OR FUELS PRODUCED IN OR IMPORTED

INTO THIS COMMONWEALTH BY ANY DISTRIBUTOR WHO DOES NOT

POSSESS A VALID LIQUID FUELS TAX PERMIT OR FUELS PERMIT AS

REQUIRED BY SECTION 9003 (RELATING TO LIQUID FUELS AND FUELS

PERMITS; BOND OR DEPOSIT OF SECURITIES), EXCEPT LIQUID FUELS

OR FUELS IMPORTED IN BARRELS, DRUMS OR SIMILAR CONTAINERS

WITH A CAPACITY OF NOT MORE THAN 55 GALLONS IN EACH BARREL,

DRUM OR CONTAINER.

(2) ALL CONVEYANCES, INCLUDING VEHICLES OR VESSELS, USED

TO TRANSPORT LIQUID FUELS OR FUELS AS DESCRIBED IN PARAGRAPH

(1). [EXCEPT:

(I) NO CONVEYANCE USED BY ANY PERSON AS A COMMON

CARRIER IN THE TRANSACTION OF BUSINESS AS A COMMON

CARRIER IS SUBJECT TO FORFEITURE UNDER THIS SECTION

UNLESS IT APPEARS THAT THE OWNER OR OTHER PERSON IN

CHARGE OF THE CONVEYANCE IS A CONSENTING PARTY OR PRIVY

TO A VIOLATION OF CHAPTER 90 (RELATING TO LIQUID FUELS

AND FUELS TAX); AND

(II) NO BONA FIDE SECURITY INTEREST RETAINED OR

ACQUIRED UNDER TITLE 13 (RELATING TO COMMERCIAL CODE) BY

ANY MERCHANT DEALING IN NEW OR USED VEHICLES OR VESSELS,

OR RETAINED OR ACQUIRED BY ANY LICENSED OR REGULATED

FINANCE COMPANY, BANK, LENDING INSTITUTION OR BY ANY

OTHER BUSINESS REGULARLY ENGAGED IN THE FINANCING OF OR

LENDING ON THE SECURITY OF SUCH VEHICLES OR VESSELS,

SHALL BE SUBJECT TO FORFEITURE OR IMPAIRMENT.] FORFEITURE

OF SUCH CONVEYANCES SHALL BE CONDUCTED IN ACCORDANCE WITH

42 PA.C.S. CH. 58 (RELATING TO FORFEITURE OF ASSETS).

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(B) METHOD OF SEIZURE.--[PROPERTY] LIQUID FUELS OR FUELS

SUBJECT TO FORFEITURE UNDER THIS SECTION MAY BE SEIZED BY THE

DEPARTMENT OF REVENUE UPON PROCESS ISSUED BY ANY COURT OF COMMON

PLEAS HAVING JURISDICTION OVER THE PROPERTY. SEIZURE WITHOUT

PROCESS MAY BE MADE IF THE SEIZURE IS INCIDENT TO AN INSPECTION

OR ARREST FOR A VIOLATION OF THIS CHAPTER OR CHAPTER 90.

(1) NO [PROPERTY] LIQUID FUELS OR FUELS SEIZED IN

ACCORDANCE WITH THIS SECTION, WHEN IN THE CUSTODY OF THE

DEPARTMENT OF REVENUE, SHALL BE SEIZED OR TAKEN THEREFROM BY

ANY WRIT OF REPLEVIN OR OTHER JUDICIAL PROCESS UNLESS A

PETITION FOR FORFEITURE IS NOT TIMELY FILED.

* * *

(D) IN REM PROCEEDINGS.--THE PROCEEDINGS FOR THE FORFEITURE

OF ANY LIQUID FUELS OR FUELS [OR CONVEYANCES] SEIZED UNDER THIS

SECTION SHALL BE IN REM. THE COMMONWEALTH SHALL BE THE PLAINTIFF

AND THE PROPERTY SHALL BE THE DEFENDANT. A PETITION SHALL BE

FILED, WITHIN FIVE DAYS AFTER SEIZURE, IN THE COURT OF COMMON

PLEAS OF THE COUNTY IN WHICH THE PROPERTY WAS SEIZED BY REVENUE

AGENTS OF THE DEPARTMENT OF REVENUE, VERIFIED BY OATH OR

AFFIRMATION OF ANY REVENUE AGENT. IN THE EVENT THAT THE PETITION

IS NOT FILED WITHIN THE TIME PRESCRIBED HEREIN, THE SEIZED

PROPERTY SHALL BE IMMEDIATELY RETURNED TO THE PERSON FROM WHOM

SEIZED OR THE OWNER THEREOF.

* * *

(I) STANDARD OF PROOF.--THE CLAIMANT SHALL HAVE THE BURDEN

OF PROVING THAT HE IS NOT SUBJECT TO THE PROVISIONS OF THIS

SECTION, BUT THE BURDEN OF PROOF SHALL BE UPON THE COMMONWEALTH

TO PROVE ALL OTHER FACTS NECESSARY FOR THE FORFEITURE OF THE

PROPERTY. IN THE EVENT THAT THE COMMONWEALTH HAS NOT MET ITS

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BURDEN BY A PREPONDERANCE OF THE EVIDENCE OR THE CLAIMANT HAS

PROVED THAT HE IS NOT SUBJECT TO THE PROVISIONS OF THIS SECTION,

THE COURT SHALL ORDER THE PROPERTY RETURNED TO THE CLAIMANT;

OTHERWISE, THE COURT SHALL ORDER THE PROPERTY FORFEITED TO THE

COMMONWEALTH. [IN THE CASE OF A MOTOR VEHICLE, VESSEL OR

CONVEYANCE, SHOULD THE CLAIMANT PROVE TO THE SATISFACTION OF THE

COURT THAT HE IS THE REGISTERED OWNER OF THE MOTOR VEHICLE,

VESSEL OR CONVEYANCE AND THAT HE DID NOT KNOW OR HAVE REASON TO

KNOW THAT IT WAS BEING USED TO TRANSPORT LIQUID FUELS OR FUELS

IN VIOLATION OF THE PROVISIONS OF SECTION 9404 (RELATING TO

VIOLATIONS AND PENALTIES) OR 9019 (RELATING TO DIESEL FUEL

IMPORTERS AND TRANSPORTERS; PROHIBITING USE OF DYED DIESEL FUEL

ON HIGHWAYS; VIOLATIONS AND PENALTIES), THE COURT IN ITS

DISCRETION MAY ORDER THE MOTOR VEHICLE, VESSEL OR CONVEYANCE

RETURNED TO THE CLAIMANT.

(J) ENCUMBERED MOTOR VEHICLE.--IN THE CASE OF A MOTOR

VEHICLE, SHOULD THE CLAIMANT PROVE THAT HE HOLDS A VALID

ENCUMBRANCE UPON SUCH MOTOR VEHICLE, NOTICE OF WHICH ENCUMBRANCE

HAS BEEN DULY NOTED ON THE CERTIFICATE OF TITLE TO THE MOTOR

VEHICLE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 11

(RELATING TO CERTIFICATE OF TITLE AND SECURITY INTERESTS), THE

FORFEITURE SHALL BE SUBJECT TO SUCH ENCUMBRANCE AS OF THE DATE

OF THE SEIZURE LESS PREPAID OR UNEARNED INTEREST. BEFORE THE

MOTOR VEHICLE MAY BE SOLD, EXCHANGED OR OTHERWISE TRANSFERRED OR

RETAINED FOR USE BY THE COMMONWEALTH, THE OUTSTANDING AMOUNT OF

THE ENCUMBRANCE SHALL BE PAID TO THE CLAIMANT OR POSSESSION OF

THE MOTOR VEHICLE SHALL BE TURNED OVER TO THE CLAIMANT WHO SHALL

EXPOSE THE SAME TO PUBLIC SALE AND SHALL PAY OVER TO THE

COMMONWEALTH ANY AMOUNT REALIZED IN EXCESS OF THE OUTSTANDING

AMOUNT OF SUCH ENCUMBRANCE LESS THE REASONABLE COSTS INCURRED BY

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CLAIMANT IN CONDUCTING SUCH SALE.]

§ 9406. DISPOSITION OF FINES AND FORFEITURES.

ALL FINES IMPOSED UNDER THIS CHAPTER AND THE NET PROCEEDS

RECEIVED FROM THE SALE OF FORFEITED [PROPERTY] LIQUID FUELS OR

FUELS SHALL BE PAYABLE TO THE COMMONWEALTH AND CREDITED TO THE

MOTOR LICENSE FUND.

SECTION 10. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO

THE CONTRARY, THE FOLLOWING FORFEITURES SHALL BE CONDUCTED IN

ACCORDANCE WITH 42 PA.C.S. CH. 58:

(1) THE FORFEITURE OF PROPERTY SPECIFIED IN SECTION 1 OF

THE ACT OF JULY 3, 1941 (P.L.263, NO.121), ENTITLED "AN ACT

PROVIDING FOR THE FORFEITURE AND CONDEMNATION OF VEHICLES

USED TO STORE, POSSESS OR TRANSPORT NARCOTICS OR DRUGS, THE

POSSESSION OR TRANSPORTATION OF WHICH IS IN VIOLATION OF

LAW."

(2) THE SEIZURE OF PROPERTY SPECIFIED IN SECTIONS 211(A)

(3) AND 601 OF THE ACT OF APRIL 12, 1951 (P.L.90, NO.21),

KNOWN AS THE LIQUOR CODE.

(3) THE FORFEITURE OF PROPERTY SPECIFIED IN SECTION 1285

OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX

REFORM CODE OF 1971.

(4) THE FORFEITURE OF PROPERTY SPECIFIED IN SECTION 614

OF THE ACT OF JULY 7, 1980 (P.L.380, NO.97), KNOWN AS THE

SOLID WASTE MANAGEMENT ACT.

(5) THE FORFEITURE OF PROPERTY SPECIFIED IN SECTION 1715

OF THE ACT OF JULY 28, 1988 (P.L.556, NO.101), KNOWN AS THE

MUNICIPAL WASTE PLANNING, RECYCLING AND WASTE REDUCTION ACT.

(6) THE FORFEITURE OF PROPERTY SPECIFIED IN SECTION 1 OF

THE ACT OF DECEMBER 1, 2004 (P.L.1766, NO.227), ENTITLED "AN

ACT AUTHORIZING CITIES OF THE FIRST CLASS THAT HAVE ADOPTED A

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HOME RULE CHARTER TO ENFORCE ORDINANCES, RULES AND

REGULATIONS PROHIBITING DUMPING OR DISPOSAL OF WASTE, TRASH

OR DEBRIS."

SECTION 11. REPEALS ARE AS FOLLOWS:

(1) THE GENERAL ASSEMBLY FINDS THAT THE REPEALS UNDER

PARAGRAPHS (2) AND (3) ARE NECESSARY TO EFFECTUATE THE

ADDITION OF 42 PA.C.S. CH. 58.

(2) SECTIONS 602 AND 603(A) AND (B) OF THE ACT OF APRIL

12, 1951 (P.L.90, NO.21), KNOWN AS THE LIQUOR CODE, ARE

REPEALED TO THE EXTENT OF ANY INCONSISTENCY WITH THIS ACT.

(3) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED

ABSOLUTELY:

(I) SECTIONS 2, 3, 4 AND 5 OF THE ACT OF JULY 3,

1941 (P.L.263, NO.121), ENTITLED "AN ACT PROVIDING FOR

THE FORFEITURE AND CONDEMNATION OF VEHICLES USED TO

STORE, POSSESS OR TRANSPORT NARCOTICS OR DRUGS, THE

POSSESSION OR TRANSPORTATION OF WHICH IS IN VIOLATION OF

LAW."

(II) SECTION 603(C) OF THE ACT OF APRIL 12, 1951

(P.L.90, NO.21), KNOWN AS THE LIQUOR CODE.

(III) SECTION 1285(F), (G), (H), (I), (J), (K), (L),

(M) AND (N) OF THE ACT OF MARCH 4, 1971 (P.L.6, NO.2),

KNOWN AS THE TAX REFORM CODE OF 1971.

SECTION 12. THIS ACT SHALL TAKE EFFECT IN 90 DAYS.

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