violation of 75 Pa.C.S. § 3802 (relating to driving under
influence of alcohol or controlled substance).
(3) In the event seizure without process occurs under
paragraph (2), proceedings for the issuance of process shall
be instituted as soon as possible.
(d) Custody.--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 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 or sale of property.--Whenever property is forfeited
under this section, 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 to the Attorney General, if the law enforcement authority
seizing the property has Statewide jurisdiction. The district
attorney or the Attorney General, where appropriate, may do any
of the following:
(1) Retain the property for official use.
(2) Sell any forfeited property. The proceeds from any
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.
20150SB0607PN0636 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30