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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARPER, CREIGHTON, DeLUCA, GEIST, HENNESSEY, HESS, HORNAMAN, MURT, PASHINSKI, PEIFER, VEREB AND WATSON, MAY 10, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MAY 10, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and |
2 | Judicial Procedure) of the Pennsylvania Consolidated |
3 | Statutes, providing for the offense and consequences of |
4 | possession of a vehicle with false compartments. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Title 18 of the Pennsylvania Consolidated |
8 | Statutes is amended by adding a section to read: |
9 | § 907.1. Possession of a vehicle with false compartments. |
10 | (a) Offense defined.--Notwithstanding any other provision of |
11 | law: |
12 | (1) Any person who, acting with an unlawful purpose, |
13 | knowingly owns, operates or possesses a motor vehicle which |
14 | contains a false or secret compartment with the intent to |
15 | store, conceal, camouflage, hide, smuggle, transport or |
16 | prevent discovery of a person, controlled substance, firearm, |
17 | weapon or other contraband within the false compartment |
18 | commits a misdemeanor of the first degree. |
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1 | (2) Any person who, acting with an unlawful purpose, |
2 | knowingly designs, assembles, constructs, builds, alters, |
3 | fabricates, attaches, fortifies, installs, places, causes to |
4 | be placed or maintains a false compartment in a motor vehicle |
5 | with the intent to store, conceal, camouflage, hide, smuggle, |
6 | transport or prevent discovery of a person, controlled |
7 | substance, firearm, weapon or other contraband within the |
8 | false compartment commits a misdemeanor of the second degree. |
9 | (b) Defense prohibited.--It shall not be a defense under |
10 | this section that the false or secret compartment was inoperable |
11 | or was not actually triggered, or that its existence or location |
12 | was known to a law enforcement officer or another person. |
13 | (c) Intent.--For the purpose of this section, a person's |
14 | intention to use a false or secret compartment to conceal the |
15 | contents of the compartment from a law enforcement officer shall |
16 | be inferred from factors including the discovery of a person, |
17 | controlled substance, firearm, weapon or other contraband within |
18 | the false or secret compartment, or from the discovery of |
19 | evidence of the previous placement of a person, controlled |
20 | substance, firearm, weapon or other contraband within the false |
21 | or secret compartment. |
22 | (d) Penalty.--In addition to any other applicable penalty, |
23 | any person convicted of a violation of this section shall be |
24 | subject to a license suspension of one year for a first offense |
25 | and two years for a second or subsequent offense. |
26 | (e) Definitions.--As used in this section, the following |
27 | words and phrases shall have the meanings given to them in this |
28 | subsection unless the context clearly indicates otherwise: |
29 | "False or secret compartment." Any box, container, space or |
30 | enclosure that is intended or designed to store, conceal, |
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1 | camouflage, hide, smuggle, transport or prevent discovery of a |
2 | person, controlled substance, firearm, weapon or contraband |
3 | within or attached to the motor vehicle, such as any of the |
4 | following: |
5 | (1) False, altered or modified fuel tanks. |
6 | (2) Original factory equipment modified, altered or |
7 | changed. |
8 | (3) Compartment, space or box that is added to or |
9 | fabricated, made or created using existing compartments, |
10 | spaces or boxes within the vehicle. |
11 | "License." Any driver's license issued in accordance with 75 |
12 | Pa.C.S. (relating to vehicles), including a commercial driver's |
13 | license as defined under 75 Pa.C.S. § 1603 (relating to |
14 | definitions). |
15 | Section 2. Title 42 is amended by adding a section to read: |
16 | § 6801.2. Possession of a vehicle with false compartments. |
17 | (a) Forfeiture.-- |
18 | (1) Except as set forth in paragraph (2), a vehicle used |
19 | in the commission of an offense under 18 Pa.C.S. § 907.1 |
20 | (relating to possession of a vehicle with false compartments) |
21 | shall be subject to forfeiture to the Commonwealth; and no |
22 | property right shall exist in the vehicle. |
23 | (2) The following apply: |
24 | (i) A vehicle used by a common carrier in the |
25 | transaction of business as a common carrier shall not be |
26 | forfeited unless the Commonwealth establishes that the |
27 | owner or other person in charge of the conveyance was a |
28 | consenting party or privy to the offense. |
29 | (ii) A vehicle shall not be forfeited if the owner |
30 | of the vehicle establishes that the offense was committed |
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1 | without the owner's knowledge or consent. |
2 | (b) Process and seizures.--A vehicle subject to forfeiture |
3 | under this section may be seized by the law enforcement |
4 | authority upon process issued by a court of common pleas having |
5 | jurisdiction over the vehicle. Seizure without process may be |
6 | made if any of the following apply: |
7 | (1) The seizure is incident to an arrest, a search under |
8 | a search warrant or an inspection under an administrative |
9 | inspection warrant. |
10 | (2) The vehicle has been the subject of a prior judgment |
11 | in favor of the Commonwealth in a criminal injunction or |
12 | forfeiture proceeding under this chapter. |
13 | (3) There is probable cause to believe that the vehicle |
14 | has been or is intended to be used in the commission of an |
15 | offense under 18 Pa.C.S. § 907.1. |
16 | (c) Seizure without process.--If seizure is made without |
17 | process, proceedings for the issuance of process shall be |
18 | instituted immediately. |
19 | (d) Custody.--A vehicle taken or detained under this section |
20 | shall not be subject to replevin but is deemed to be in the |
21 | custody of the law enforcement authority, subject only to the |
22 | orders and decrees of the court of common pleas having |
23 | jurisdiction over the forfeiture proceedings and of the district |
24 | attorney or the Attorney General. When a vehicle is seized under |
25 | this section, the law enforcement authority shall place the |
26 | vehicle under seal and either: |
27 | (1) remove it to a place determined by the law |
28 | enforcement authority; or |
29 | (2) request that the district attorney or Attorney |
30 | General take custody of it and remove it to an appropriate |
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1 | location for disposition in accordance with law. |
2 | (e) Use of vehicle held in custody.--When a vehicle is |
3 | forfeited under this section, it shall be transferred to the |
4 | custody of the district attorney if the law enforcement |
5 | authority seizing the vehicle has local or county jurisdiction |
6 | or of the Attorney General if the law enforcement authority |
7 | seizing the vehicle has Statewide jurisdiction. The district |
8 | attorney or the Attorney General, where appropriate, may: |
9 | (1) Retain the vehicle for official use. |
10 | (2) Sell the vehicle. The proceeds from the sale shall |
11 | be used to pay all proper expenses of the proceedings for |
12 | forfeiture and sale, including expenses of seizure, |
13 | maintenance of custody, advertising and court costs. The |
14 | balance of the proceeds shall be dealt with under subsections |
15 | (f) and (g). |
16 | (f) Use of proceeds.--Proceeds under subsection (e)(2) shall |
17 | be placed in the operating fund of the county in which the |
18 | district attorney is elected. The appropriate county authority |
19 | shall immediately release from the operating fund, without |
20 | restriction, that amount for the use of the district attorney in |
21 | enforcing the criminal laws of the Commonwealth of Pennsylvania. |
22 | The entity having budgetary control shall not anticipate future |
23 | forfeitures or proceeds from forfeiture in adoption and approval |
24 | of the budget for the district attorney. |
25 | (g) Distribution among law enforcement authorities.--If both |
26 | municipal and State law enforcement authorities were |
27 | substantially involved in effecting the seizure, the court |
28 | having jurisdiction over the forfeiture proceedings shall order |
29 | a sale of the vehicle and equitable distribution of proceeds |
30 | between the district attorney and the Attorney General. |
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1 | (h) Annual audit.--Every county shall provide, through the |
2 | controller, board of auditors or other appropriate auditor and |
3 | the district attorney, an annual audit of all forfeited vehicles |
4 | and proceeds obtained under this section. The audit shall not be |
5 | made public but shall be submitted to the Office of Attorney |
6 | General. The county shall report all forfeited vehicles and |
7 | proceeds obtained under this section and the disposition of them |
8 | to the Attorney General by September 30 of each year. |
9 | (i) Annual report; confidential information regarding |
10 | vehicles.--The Attorney General shall annually submit a report |
11 | to the Appropriations Committee and Judiciary Committee of the |
12 | Senate and the Appropriations Committee and Judiciary Committee |
13 | of the House of Representatives specifying the forfeited |
14 | vehicles or proceeds obtained under this section. The report |
15 | shall give an accounting of all proceeds derived from the sale |
16 | of forfeited vehicles and the use made of unsold forfeited |
17 | vehicles. The Attorney General shall adopt procedures and |
18 | guidelines governing the release of information by the district |
19 | attorney to protect the confidentiality of forfeited vehicles or |
20 | proceeds used in ongoing law enforcement activities. |
21 | (j) Proceeds and appropriations.--The proceeds or future |
22 | proceeds from vehicles forfeited under this section shall be in |
23 | addition to any appropriation made to the Office of Attorney |
24 | General. |
25 | Section 3. This act shall take effect in 60 days. |
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