1Amending Titles 42 (Judiciary and Judicial Procedure) and 75
2(Vehicles) of the Pennsylvania Consolidated Statutes, in
3forfeitures, further providing for controlled substance
4forfeiture; providing for vehicle forfeiture when driving
5under the influence; further providing for procedure with
6respect to seized property subject to liens and rights of
7lienholders; and, in driving after imbibing alcohol or
8utilizing drugs, further providing for grading and for
9penalties; and making editorial changes.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1.  Section 6801(b), (d), (e) and (k) of Title 42 of
13the Pennsylvania Consolidated Statutes are amended to read:

14§ 6801.  Controlled substances forfeiture.

15* * *

16(b)  Process and seizure.--Property subject to forfeiture
17under this [chapter] section may be seized by the law
18enforcement authority upon process issued by any court of common
19pleas having jurisdiction over the property. Seizure without
20process may be made if:

21(1)  the seizure is incident to an arrest or a search

1under a search warrant or inspection under an administrative
2inspection warrant;

3(2)  the property subject to seizure has been the subject
4of a prior judgment in favor of the Commonwealth in a
5criminal injunction or forfeiture proceeding under this
6[chapter] section;

7(3)  there is probable cause to believe that the property
8is dangerous to health or safety; or

9(4)  there is probable cause to believe that the property
10has been used or is intended to be used in violation of The
11Controlled Substance, Drug, Device and Cosmetic Act.

12* * *

13(d)  Custody of property.--Property taken or detained under
14this section shall not be subject to replevin, but is deemed to
15be in the custody of the law enforcement authority subject only
16to the orders and decrees of the court of common pleas having
17jurisdiction over the forfeiture proceedings and of the district
18attorney or the Attorney General. When property is seized under
19this [chapter] section, the law enforcement authority shall
20place the property under seal and either:

21(1)  remove the property to a place designated by it; or

22(2)  require that the district attorney or Attorney
23General take custody of the property and remove it to an
24appropriate location for disposition in accordance with law.

25(e)  Use of property held in custody.--Whenever property is
26forfeited under this [chapter] section, the property shall be
27transferred to the custody of the district attorney, if the law
28enforcement authority seizing the property has local or county
29jurisdiction, or the Attorney General, if the law enforcement
30authority seizing the property has Statewide jurisdiction. The

1district attorney or the Attorney General, where appropriate,
2may:

3(1)  Retain the property for official use.

4(2)  Sell any forfeited property which is not required to
5be destroyed by law and which is not harmful to the public,
6but the proceeds from any such sale shall be used to pay all
7proper expenses of the proceedings for forfeiture and sale,
8including expenses of seizure, maintenance of custody,
9advertising and court costs. The balance of the proceeds
10shall be dealt with in accordance with subsections (f) and
11(g).

12* * *

13(k)  Proceeds and appropriations.--The proceeds or future
14proceeds from forfeited property under this [chapter] section
15shall be in addition to any appropriation made to the Office of
16Attorney General.

17Section 2.  Title 42 is amended by adding a section to read:

18§ 6801.2.  Vehicle forfeiture.

19(a)  Forfeiture generally.--Except as provided in subsection
20(b), in addition to any other penalty imposed under law, the
21court shall order forfeiture of a vehicle to the Commonwealth
22which an individual was driving or operating or was in actual
23physical control of at the time of the commission of an offense
24which is classified as a felony of the third degree under 75
25Pa.C.S. § 3803(c) (relating to grading).

26(b)  Exceptions.--The following shall apply:

27(1)  No vehicle used by any person as a common carrier in
28the transaction of business as a common carrier shall be
29forfeited under this section unless it appears that the owner
30or other person in charge of the conveyance was a consenting

1party or privy to a violation of 75 Pa.C.S. (relating to
2vehicles).

3(2)  No vehicle shall be forfeited under this section by
4reason of any act or omission which the owner of the vehicle
5establishes to have been committed or omitted without the
6owner's reasonable knowledge or consent.

7(3)  No bona fide security interest shall be subject to
8forfeiture or impairment if it was retained or acquired in
9any of the following circumstances:

10(i)  Under 13 Pa.C.S. (relating to commercial code)
11by any merchant dealing in new or used vehicles.

12(ii)  By any licensed or regulated finance company,
13bank or lending institution or by any other business
14regularly engaged in the financing of or lending on the
15security of the vehicle.

16(c)  Process and seizure.--

17(1)  Property subject to forfeiture under this section
18may be seized by the law enforcement authority upon process
19issued by any court of common pleas having jurisdiction over
20the property.

21(2)  Seizure without process may be made if any of the
22following apply:

23(i)  The seizure is incident to an arrest or a search
24under a search warrant or inspection under an
25administrative inspection warrant.

26(ii)  The property subject to seizure has been the
27subject of a prior judgment in favor of the Commonwealth
28in a criminal injunction or forfeiture proceeding under
29this section.

30(iii)  There is probable cause to believe that the

1property has been used or is intended to be used in
2violation of 75 Pa.C.S. § 3802 (relating to driving under
3influence of alcohol or controlled substance).

4(3)  In the event seizure without process occurs under
5paragraph (2), proceedings for the issuance of process shall
6be instituted as soon as possible.

7(d)  Custody.--Property taken or detained under this section
8shall not be subject to replevin but is deemed to be in the
9custody of the law enforcement authority, subject only to the
10orders and decrees of the court of common pleas having
11jurisdiction over the forfeiture proceedings and of the district
12attorney or the Attorney General. When property is seized under
13this section, the law enforcement authority shall place the
14property under seal and either:

15(1)  remove the property to a place designated by it; or

16(2)  require that the district attorney or Attorney
17General take custody of the property and remove it to an
18appropriate location for disposition in accordance with law.

19(e)  Use or sale of property.--Whenever property is forfeited
20under this section, the property shall be transferred to the
21custody of the district attorney, if the law enforcement
22authority seizing the property has local or county jurisdiction,
23or to the Attorney General, if the law enforcement authority
24seizing the property has Statewide jurisdiction. The district
25attorney or the Attorney General, where appropriate, may do any
26of the following:

27(1)  Retain the property for official use.

28(2)  Sell any forfeited property. The proceeds from any
29sale shall be used to pay all proper expenses of the
30proceedings for forfeiture and sale, including expenses of

1seizure, maintenance of custody, advertising and court costs.
2The balance of the proceeds shall be dealt with in accordance
3with subsections (f) and (g).

4(f)  Use of cash or proceeds of property.--Cash or proceeds
5of forfeited property transferred to the custody of the district
6attorney under subsection (e) shall be placed in the operating
7fund of the county in which the district attorney is elected.
8The appropriate county authority shall immediately release from
9the operating fund, without restriction, a like amount for the
10use of the district attorney enforcing the driving under the
11influence provisions of 75 Pa.C.S. The entity having budgetary
12control shall not anticipate future forfeitures or proceeds from
13future forfeitures in adopting and approving the budget for the
14district attorney.

15(g)  Distribution of property among law enforcement
16authorities.--If both municipal and State law enforcement
17authorities were substantially involved in effecting the
18seizure, the court having jurisdiction over the forfeiture
19proceedings shall equitably distribute the property between the
20district attorney and the Attorney General.

21(h)  Authorization to utilize property or proceeds.--The
22district attorney and the Attorney General shall utilize
23forfeited property or proceeds from forfeited property for the
24purpose of enforcing the provisions of 75 Pa.C.S. In appropriate
25cases, the district attorney and the Attorney General may
26designate proceeds from forfeited property to be utilized by
27community-based drug and alcohol programs and crime-fighting
28programs and for relocation and protection of witnesses in
29criminal cases.

30(i)  Annual audit.--It shall be the responsibility of every

1county in this Commonwealth to provide, through the controller,
2board of auditors or other appropriate auditor and the district
3attorney, an annual audit of all forfeited property and proceeds
4obtained under this section. The audit shall not be made public
5but shall be submitted to the Office of Attorney General. The
6county shall report all forfeited property and proceeds obtained
7under this section and the disposition of the property and
8proceeds to the Attorney General by September 30 of each year.

9(j)  Annual report and confidential information.--The
10Attorney General shall do all of the following:

11(1)  Annually submit a report to the Appropriations and
12Judiciary Committees of the Senate and the Appropriations and
13Judiciary Committees of the House of Representatives
14specifying the forfeited property or proceeds of forfeited
15property obtained under this section. The report shall give
16an accounting of all proceeds derived from the sale of
17forfeited property and the use made of unsold forfeited
18property.

19(2)  Adopt procedures and guidelines governing the
20release of information by the district attorney to protect
21the confidentiality of forfeited property or proceeds used in
22ongoing law enforcement activities.

23(k)  Proceeds and appropriations.--The proceeds or future
24proceeds from forfeited property under this section shall be in
25addition to any appropriation made to the Office of Attorney
26General.

27Section 3.  Section 6802(a)(5), (f) introductory paragraph, 
28(j) introductory paragraph and (k) of Title 42 are amended to
29read:

30§ 6802.  Procedure with respect to seized property subject to

1liens and rights of lienholders.

2(a)  General procedure.--The proceedings for the forfeiture
3or condemnation of property, the sale of which is provided for
4in this chapter, shall be in rem, in which the Commonwealth
5shall be the plaintiff and the property the defendant. A
6petition shall be filed in the court of common pleas of the
7judicial district where the property is located, verified by
8oath or affirmation of an officer or citizen, containing the
9following:

10* * *

11(5)  An allegation that the property is subject to
12forfeiture [pursuant to section 6801(a) (relating to
13controlled substances forfeiture) or 6801.1(a) (relating to
14terrorism forfeiture)] under this chapter and an averment of
15material facts upon which the forfeiture action is based.

16* * *

17(f)  Preservation of the property subject for forfeiture.--
18Upon application of the Commonwealth, the court may enter a
19restraining order or injunction, require the execution of a
20satisfactory performance bond or take any other action to
21preserve the availability of property [described in section
226801(a) or 6801.1(a)] under this chapter for forfeiture under
23this section either:

24* * *

25(j)  Owner's burden of proof.--At the time of the hearing, if
26the Commonwealth produces evidence that the property in question
27was unlawfully used, possessed or otherwise subject to
28forfeiture under [section 6801(a) or 6801.1(a)] this chapter,
29the burden shall be upon the claimant to show:

30* * *

1(k)  Court-ordered release of property.--If a person claiming
2the ownership of or right of possession to or claiming to be the
3holder of a chattel mortgage or contract of conditional sale
4upon the property, the disposition of which is provided for in
5this section, prior to the sale presents a petition to the court
6alleging over the property lawful ownership, right of
7possession, a lien or reservation of title and if, upon public
8hearing, due notice of which having been given to the Attorney
9General or the district attorney, the claimant shall prove by
10competent evidence to the satisfaction of the court that the
11property was lawfully acquired, possessed and used by him or, it
12appearing that the property was unlawfully used by a person
13other than the claimant, that the unlawful use was without the
14claimant's knowledge or consent, then the court may order the
15property returned or delivered to the claimant. Such absence of
16knowledge or consent must be reasonable under the circumstances
17presented. Otherwise, it shall be retained for official use or
18sold in accordance with [section 6801(e) or 6801.1(f)] this 
19chapter.

20Section 4.  Section 3803(a) introductory paragraph of Title
2175 is amended and the section is amended by adding a subsection
22to read:

23§ 3803.  Grading.

24(a)  Basic offenses.--Notwithstanding the provisions of
25[subsection (b)] subsections (b) and (c):

26* * *

27(c)  Habitual offender.--

28(1)  An individual who violates section 3802(b) and who
29has four or more prior offenses commits a felony of the third
30degree.

1(2)  An individual who violates section 3802(a)(1), where
2the individual refused testing of blood or breath, or who
3violates section 3802(c) or (d) and who has three or more
4prior offenses commits a felony of the third degree.

5Section 5.  Section 3804(b)(4) and (c)(3) of Title 75 are
6amended and the subsections are amended by adding paragraphs to
7read:

8§ 3804.  Penalties.

9* * *

10(b)  High rate of blood alcohol; minors; commercial vehicles
11and school buses and school vehicles; accidents.--Except as set
12forth in subsection (c), an individual who violates section
133802(a)(1) where there was an accident resulting in bodily
14injury, serious bodily injury or death of any person or damage
15to a vehicle or other property or who violates section 3802(b),
16(e) or (f) shall be sentenced as follows:

17* * *

18(4)  For a fourth [or subsequent] offense, to:

19(i)  undergo imprisonment of not less than one year;

20(ii)  pay a fine of not less than $1,500 nor more
21than $10,000; and

22(iii)  comply with all drug and alcohol treatment
23requirements imposed under sections 3814 and 3815.

24(5)  For a fifth or subsequent offense, to:

25(i)  undergo imprisonment of not less than two years;

26(ii)  pay a fine of not less than $2,500 nor more
27than $15,000; and

28(iii)  comply with all drug and alcohol treatment
29requirements imposed under sections 3814 and 3815.

30(c)  Incapacity; highest blood alcohol; controlled

1substances.--An individual who violates section 3802(a)(1) and
2refused testing of blood or breath or an individual who violates
3section 3802(c) or (d) shall be sentenced as follows:

4* * *

5(3)  For a third [or subsequent] offense, to:

6(i)  undergo imprisonment of not less than one year;

7(ii)  pay a fine of not less than $2,500; and

8(iii)  comply with all drug and alcohol treatment
9requirements imposed under sections 3814 and 3815.

10(4)  For a fourth or subsequent offense, to:

11(i)  undergo imprisonment of not less than two years;

12(ii)  pay a fine of not less than $5,000; and

13(iii)  comply with all drug and alcohol treatment
14requirements imposed under sections 3814 and 3815.

15* * *

16Section 6.  The following provisions shall apply to all
17offenses committed on or after the effective date of this
18section:

19(1)  The amendment of 42 Pa.C.S. § 6801(b), (d), (e) and
20(k).

21(2)  The addition of 42 Pa.C.S. § 6801.2.

22(3)  The amendment of 42 Pa.C.S. § 6802(a)(5), (f)
23introductory paragraph, (j) introductory paragraph and (k).

24(4)  The amendment or addition of 75 Pa.C.S. § 3803(a)
25and (c).

26(5)  The amendment or addition of 75 Pa.C.S. § 3804(b)(4)
27and (5) and (c)(3) and (4).

28Section 7.  This act shall take effect in 60 days.