Bill Text: PA SB485 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for controlled substances forfeiture.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2011-02-11 - Referred to JUDICIARY [SB485 Detail]

Download: Pennsylvania-2011-SB485-Introduced.html

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PRINTER'S NO. 486
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 485 Session of2011
INTRODUCED BY KASUNIC, BOSCOLA, BREWSTER, BROWNE, KITCHEN, RAFFERTY, SOLOBAY AND STACK, FEBRUARY 11, 2011
REFERRED TO JUDICIARY, FEBRUARY 11, 2011
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, further providing for
controlled substances forfeiture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 6801(a)(6), (f) and (g) of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 6801. Controlled substances forfeiture.
(a) Forfeitures generally.--The following shall be subject
to forfeiture to the Commonwealth and no property right shall
exist in them:
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(6) (i) All of the following:
(A) Money, negotiable instruments, securities or
other things of value furnished or intended to be
furnished by any person in exchange for a controlled
substance in violation of The Controlled Substance,
Drug, Device and Cosmetic Act, and all proceeds
traceable to such an exchange.
(B) Money, negotiable instruments, securities or
other things of value used or intended to be used to
facilitate any violation of The Controlled Substance,
Drug, Device and Cosmetic Act.
(C) Real property used or intended to be used to
facilitate any violation of The Controlled Substance,
Drug, Device and Cosmetic Act, including structures
or other improvements thereon, and including any
right, title and interest in the whole or any lot or
tract of land and any appurtenances or improvements,
which is used, or intended to be used, in any manner
or part, to commit, or to facilitate the commission
of, a violation of The Controlled Substance, Drug,
Device and Cosmetic Act, and things growing on,
affixed to and found in the land.
(D) Any property described in clause (A), (B) or
(C) that was transferred within six months of seizure
under circumstances which reasonably lead to a
finding that the transfer was made to avoid
forfeiture of the property under this section.
(ii) [No] (A) Except as otherwise provided in
clause (B), no property shall be forfeited under this
paragraph, to the extent of the interest of an owner,
by reason of any act or omission established by the
owner to have been committed or omitted without the
knowledge or consent of that owner. Such money and
negotiable instruments found in close proximity to
controlled substances possessed in violation of The
Controlled Substance, Drug, Device and Cosmetic Act
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shall be rebuttably presumed to be proceeds derived
from the selling of a controlled substance in
violation of The Controlled Substance, Drug, Device
and Cosmetic Act.
(B) The owner-lessor of real property used or
intended to be used by a lessee to facilitate any
violation of The Controlled Substance, Drug, Device
and Cosmetic Act shall forfeit all right, title and
interest in the real property where the owner-lessor
has actual or imputed knowledge of the lessee's acts.
(iii) No valid lien or encumbrance on real property
shall be subject to forfeiture or impairment under this
paragraph. A lien which is fraudulent or intended to
avoid forfeiture under this section shall be invalid.
* * *
(f) Use of cash or proceeds of property.--[Cash] Except as
provided in subsection (g), cash or proceeds of forfeited
property transferred to the custody of the district attorney
pursuant to subsection (e) shall be placed in the operating fund
of the county in which the district attorney is elected. The
appropriate county authority shall immediately release from the
operating fund, without restriction, a like amount for the use
of the district attorney enforcing the provisions of The
Controlled Substance, Drug, Device and Cosmetic Act. The entity
having budgetary control shall not anticipate future forfeitures
or proceeds therefrom in adoption and approval of the budget for
the district attorney.
(g) Distribution of [property among law enforcement
authorities] cash or proceeds of property.--
(1) If both municipal and State law enforcement
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authorities were substantially involved in effecting the
seizure, the court having jurisdiction over the forfeiture
proceedings shall equitably distribute the property allocated
to law enforcement authorities between the district attorney
and the Attorney General.
(2) Twenty-five percent of the cash or proceeds of
property shall be distributed to nonprofit community-based
organizations formed primarily to combat drug abuse within
the county where the seizure was made, which provide
educational, health care, substance abuse prevention, housing
and community development services.
* * *
Section 2. This act shall take effect in 60 days.
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