Bill Text: PA HB32 | 2013-2014 | Regular Session | Introduced
Bill Title: Providing for the offense and consequences of possession of a vehicle with false compartments.
Spectrum: Moderate Partisan Bill (Republican 13-4)
Status: (Introduced - Dead) 2013-01-04 - Referred to JUDICIARY [HB32 Detail]
Download: Pennsylvania-2013-HB32-Introduced.html
| PRINTER'S NO. 11 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. | 32 | Session of 2013 |
INTRODUCED BY HARPER, SCHLOSSBERG, V. BROWN, GINGRICH, HESS, C. HARRIS, D. COSTA, MILLARD, PASHINSKI, SWANGER, O'NEILL, WATSON AND HENNESSEY, JANUARY 4, 2013
REFERRED TO COMMITEE ON JUDICIARY, JANUARY 4, 2013
AN ACT
1Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
2Judicial Procedure) of the Pennsylvania Consolidated
3Statutes, providing for the offense and consequences of
4possession of a vehicle with false compartments.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Section 907(d) of Title 18 of the Pennsylvania
8Consolidated Statutes is amended by adding a definition and the
9section is amended by adding a subsection to read:
10§ 907. Possessing instruments of crime.
11* * *
12(c.1) Unlawful false or secret compartment.--A person
13commits a misdemeanor of the first degree if he possesses a
14false or secret compartment in a motor vehicle with the intent
15to employ the false or secret compartment criminally.
16(d) Definitions.--As used in this section, the following
17words and phrases shall have the meanings given to them in this
18subsection:
1* * *
2"False or secret compartment." Any enclosure integrated into
3a motor vehicle that is a modification of the motor vehicle as
4built by the manufacturer.
5* * *
6Section 2. Title 42 is amended by adding a section to read:
7§ 6801.2. Forfeiture of vehicle with unlawful false or secret
8compartment.
9(a) Forfeiture.--
10(1) Except as set forth in paragraph (2), a vehicle used
11in the commission of an offense under 18 Pa.C.S. § 907(c.1)
12(relating to possessing instruments of crime) shall be
13subject to forfeiture to the Commonwealth and no property
14right shall exist in the vehicle.
15(2) The following apply:
16(i) No vehicle used by a common carrier in the
17transaction of business as a common carrier shall be
18forfeited unless the Commonwealth establishes that the
19owner or other person in charge of the vehicle was a
20consenting party or privy to the offense.
21(ii) No vehicle shall be forfeited under the
22provisions of this section by reason of any act or
23omission established by the owner thereof to have been
24committed or omitted without his knowledge or consent,
25which absence or knowledge or consent must be reasonable
26under the circumstances presented.
27(b) Process and seizures.--A vehicle subject to forfeiture
28under this section may be seized by the law enforcement
29authority upon process issued by a court of common pleas having
30jurisdiction over the vehicle. Seizure without process may be
1made if any of the following apply:
2(1) The seizure is incident to an arrest, a search under
3a search warrant or an inspection under an administrative
4inspection warrant.
5(2) The vehicle has been the subject of a prior judgment
6in favor of the Commonwealth in a criminal injunction or
7forfeiture proceeding under this chapter.
8(3) There is probable cause to believe that the vehicle
9has been or is intended to be used in the commission of an
10offense under 18 Pa.C.S. § 907(c.1).
11(c) Seizure without process.--If seizure is made without
12process, proceedings for the issuance thereof shall be
13instituted forthwith.
14(d) Custody.--A vehicle taken or detained under this section
15shall not be subject to replevin but is deemed to be in the
16custody of the law enforcement authority, subject only to the
17orders and decrees of the court of common pleas having
18jurisdiction over the forfeiture proceedings and of the district
19attorney or the Attorney General. When a vehicle is seized under
20this section, the law enforcement authority shall place the
21vehicle under seal and either:
22(1) remove it to a place determined by the law
23enforcement authority; or
24(2) request that the district attorney or Attorney
25General take custody of it and remove it to an appropriate
26location for disposition in accordance with law.
27(e) Use of vehicle held in custody.--When a vehicle is
28forfeited under this section, it shall be transferred to the
29custody of the district attorney if the law enforcement
30authority seizing the vehicle has local or county jurisdiction
1or of the Attorney General if the law enforcement authority
2seizing the vehicle has Statewide jurisdiction. The district
3attorney or the Attorney General, where appropriate, may:
4(1) Retain the vehicle for official use.
5(2) Sell any vehicle which is not required to be
6destroyed by law and which is not harmful to the public, the
7proceeds from any such sale to be used to pay all proper
8expenses of the proceedings for forfeiture and sale,
9including expenses of seizure, maintenance of custody,
10advertising and court costs. The balance of the proceeds
11shall be dealt with under subsections (f) and (g).
12(f) Use of proceeds.--Proceeds transferred to the custody of
13the district attorney pursuant to subsection (e)(2) shall be
14placed in the operating fund of the county in which the district
15attorney is elected. The appropriate county authority shall
16immediately release from the operating fund, without
17restriction, that amount for the use of the district attorney in
18enforcing the criminal laws of this Commonwealth. The entity
19having budgetary control shall not anticipate future forfeitures
20or proceeds from forfeiture in adoption and approval of the
21budget for the district attorney.
22(g) Distribution among law enforcement authorities.--If both
23municipal and State law enforcement authorities were
24substantially involved in effecting the seizure, the court
25having jurisdiction over the forfeiture proceedings shall
26equitably distribute the property between the district attorney
27and Attorney General.
28(h) Authorization to utilize property.--The district
29attorney and the Attorney General shall utilize forfeited
30property or proceeds thereof for the purpose of enforcing the
1criminal laws of this Commonwealth.
2(i) Annual audit.--Every county shall provide, through the
3controller, board of auditors or other appropriate auditor and
4the district attorney, an annual audit of all forfeited vehicles
5and proceeds obtained under this section. The audit shall not be
6made public but shall be submitted to the Office of Attorney
7General. The county shall report all forfeited vehicles and
8proceeds obtained under this section and the disposition of them
9to the Attorney General by September 30 of each year.
10(j) Annual report; confidential information regarding
11vehicles.--The Attorney General shall annually submit a report
12to the Appropriations Committee of the Senate and the Judiciary
13Committee of the Senate and the Appropriations Committee of the
14House of Representatives and the Judiciary Committee of the
15House of Representatives specifying the forfeited vehicles or
16proceeds obtained under this section. The report shall give an
17accounting of all proceeds derived from the sale of forfeited
18vehicles and the use made of unsold forfeited vehicles. The
19Attorney General shall adopt procedures and guidelines governing
20the release of information by the district attorney to protect
21the confidentiality of forfeited vehicles or proceeds used in
22ongoing law enforcement activities.
23(k) Proceeds and appropriations.--The proceeds or future
24proceeds from vehicles forfeited under this section shall be in
25addition to any appropriation made to the Office of Attorney
26General.
27Section 3. This act shall take effect in 60 days.
