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PRINTER'S NO. 4376
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2864
Session of
2020
INTRODUCED BY RABB, BURGOS, HILL-EVANS, GREEN, ROZZI AND LEE,
SEPTEMBER 15, 2020
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 15, 2020
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in forfeiture of assets,
further providing for asset forfeiture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5803(g) of Title 42 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 5803. Asset forfeiture.
* * *
(g) Use of cash or proceeds of property.--Cash or proceeds
of property, subject to forfeiture under section 5802 and
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,
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Device and Cosmetic Act. The funds shall be maintained in an
account or accounts 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.] First Chance
Trust Fund established under section 1753-A.1 of the act of
April 9, 1929 (P.L.343, No.176), know as The Fiscal Code. Cash
or proceeds under this section shall be used to provide an
individual who is exonerated or the estate of an individual who
is exonerated, if exonerated posthumously, from each county with
an annual monetary relief amount.
* * *
Section 2. This act shall take effect in 60 days.
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