PRINTER'S NO. 1623
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1183
Session of
2022
INTRODUCED BY BROWNE, SCAVELLO AND FONTANA, MAY 3, 2022
REFERRED TO TRANSPORTATION, MAY 3, 2022
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in forfeiture of assets,
further providing for asset forfeiture and providing for
disposal of forfeited property; and, in snowmobiles and all-
terrain vehicles, further providing for operation on streets
and highways.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5803(a) of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 5803. Asset forfeiture.
(a) Applicability.--Notwithstanding any law to the contrary,
this section shall apply to forfeitures conducted under the
following:
* * *
(13.1) 75 Pa.C.S. § 7721(d) (relating to operation on
streets and highways).
* * *
Section 2. Title 42 is amended by adding a section to read:
§ 5809. Disposal of forfeited property.
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All property which has been forfeited under section 5803(a)
(13.1) (relating to asset forfeiture) shall be destroyed.
Section 3. Section 7721 of Title 75 is amended to read:
§ 7721. Operation on streets and highways.
(a) General rule.--Except as otherwise provided in this
chapter, it is unlawful to operate a snowmobile, dirt bike or an
ATV on any street or highway which is not designated and posted
as a snowmobile, dirt bike or an ATV road by the governmental
agency having jurisdiction.
(b) Emergency and bridge crossings.--A snowmobile, dirt bike
or an ATV may be operated on highways and streets:
(1) During periods of emergency when so declared by a
policy agency having jurisdiction.
(2) When necessary to cross a bridge or culvert.
(c) Crossing street or highway.--A snowmobile, dirt bike or
an ATV may make a direct crossing of a street or highway upon
compliance with the following requirements:
(1) The crossing is made at an angle of approximately 90
degrees to the direction of the highway and at a place where
no obstruction prevents a quick and safe crossing.
(2) The snowmobile, dirt bike or ATV is brought to a
complete stop before crossing the shoulder or main-traveled
way of the highway.
(3) The driver yields the right-of-way to all oncoming
traffic which constitutes an immediate hazard.
(4) In crossing a divided highway, the crossing is made
only at an intersection of such highway with another public
street or highway.
(d) Penalties.--A dirt bike or all-terrain vehicle operated
on any public street, highway or right-of-way in a city of the
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third class or a borough in violation of this section shall be
designated as prima facie contraband subject to forfeiture in
accordance with 42 Pa.C.S. § 5803 (relating to asset
forfeiture).
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Dirt bike." A two-wheeled motorcycle that is designed and
manufactured for off-road use only and that does not comply with
Federal motor vehicle safety standards or United States
Environmental Protection Agency on-road emissions standards.
Section 4. This act shall take effect in 60 days.
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