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| PRIOR PRINTER'S NO. 71 | PRINTER'S NO. 1680 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, RAFFERTY, ERICKSON AND BROWNE, JANUARY 12, 2011 |
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| SENATOR RAFFERTY, TRANSPORTATION, AS AMENDED, OCTOBER 18, 2011 |
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| AN ACT |
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1 | Amending Titles 18 (Crimes and Offenses) and 75 (Vehicles) of |
2 | the Pennsylvania Consolidated Statutes further providing for |
3 | dealing in proceeds of unlawful activities, for the unlawful |
4 | disposition of motor vehicles and for investigation by police |
5 | officers; and repealing the Motor Vehicle Chop Shop and |
6 | Illegally Obtained and Altered Property Act. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Section 5111(a) and the definition of "financial |
10 | transaction" in subsection (f) of Title 18 of the Pennsylvania |
11 | Consolidated Statutes are amended to read: |
12 | § 5111. Dealing in proceeds of unlawful activities. |
13 | (a) Offense defined.--A person commits a felony of the first |
14 | degree if the person conducts a financial transaction under any |
15 | of the following circumstances: |
16 | (1) With knowledge that the property involved, including |
17 | stolen or illegally obtained property, represents the |
18 | proceeds of unlawful activity, the person acts with the |
19 | intent to promote the carrying on of the unlawful activity. |
20 | (2) With knowledge that the property involved, including |
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1 | stolen or illegally obtained property, represents the |
2 | proceeds of unlawful activity and that the transaction is |
3 | designed in whole or in part to conceal or disguise the |
4 | nature, location, source, ownership or control of the |
5 | proceeds of unlawful activity. |
6 | (3) To avoid a transaction reporting requirement under |
7 | State or Federal law. |
8 | * * * |
9 | (f) Definitions.--As used in this section, the following |
10 | words and phrases shall have the meanings given to them in this |
11 | subsection: |
12 | * * * |
13 | "Financial transaction." A transaction involving the |
14 | movement of funds by wire or other means or involving one or |
15 | more monetary instruments. The term includes any exchange of |
16 | stolen or illegally obtained property for financial compensation |
17 | or personal gain. |
18 | * * * |
19 | Section 2. Article G of Title 18 is amended by adding a |
20 | chapter to read: |
21 | Chapter 77 |
22 | Vehicle Chop Shop and Illegally |
23 | Obtained and Altered Property |
24 | Sec. |
25 | 7701. Definitions. |
26 | 7702. Owning, operating or conducting a chop shop. |
27 | 7703. Alteration or destruction of vehicle identification |
28 | number. |
29 | 7704. Disposition of vehicle or vehicle part with altered |
30 | vehicle identification number. |
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1 | 7705. Exceptions. |
2 | 7706. Presumptions. |
3 | 7707. Loss of property rights to Commonwealth. |
4 | 7708. Procedure with respect to seized property subject to |
5 | liens and rights of lienholders. |
6 | § 7701. Definitions. |
7 | The following words and phrases when used in this chapter |
8 | shall have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "Chop shop." A building, lot or other premises where one or |
11 | more persons engage in altering, destroying, disassembling, |
12 | dismantling, reassembling, storing or possessing a vehicle or |
13 | vehicle part known to be illegally obtained by theft, fraud or |
14 | conspiracy to defraud in order to either: |
15 | (1) alter, counterfeit, deface, destroy, disguise, |
16 | falsify, forge, obliterate or remove the identification, |
17 | including, but not limited to, the vehicle identification |
18 | number of the vehicle or vehicle part, in order to |
19 | misrepresent the identity of the vehicle or vehicle part or |
20 | to prevent the identification of the vehicle or vehicle part; |
21 | or |
22 | (2) sell or dispose of the vehicle or vehicle part. |
23 | "Person." A natural person, firm, copartnership, association |
24 | or cooperation. |
25 | "Semitrailer." A trailer so constructed that some part of |
26 | its weight rests upon or is carried by the towing vehicle. |
27 | "Trailer." A vehicle designed to be towed by a motor |
28 | vehicle. |
29 | "Vehicle." Every device in, upon or by which any person or |
30 | property is or may be transported or drawn upon a highway, |
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1 | except devices used exclusively upon rails or tracks. The term |
2 | does not include a self-propelled wheelchair or an electrical |
3 | mobility device operated by and designed for the exclusive use |
4 | of a person with a mobility-related disability. |
5 | "Vehicle identification number." A combination of numerals |
6 | or letters, or both, which a manufacturer of a vehicle assigns |
7 | to a vehicle for identification purposes or, in the absence of a |
8 | manufacturer assigned number, which the Department of |
9 | Transportation assigns to a vehicle for identification purposes. |
10 | § 7702. Owning, operating or conducting a chop shop. |
11 | Any person who knowingly: |
12 | (1) owns, operates or conducts a chop shop; or |
13 | (2) transports, sells, transfers, purchases or receives |
14 | any vehicle or vehicle part that was illegally obtained |
15 | either to or from a chop shop |
16 | commits a felony of the second degree and, upon conviction, |
17 | shall be sentenced to imprisonment for not more than ten years |
18 | or a fine of not more than $100,000, or both. |
19 | § 7703. Alteration or destruction of vehicle identification |
20 | number. |
21 | Any person who alters, counterfeits, defaces, destroys, |
22 | disguises, falsifies, forges, obliterates or removes a vehicle |
23 | identification number with the intent to conceal or misrepresent |
24 | the identity or prevent the identification of a vehicle or |
25 | vehicle part commits a felony of the third degree and, upon |
26 | conviction, shall be sentenced to imprisonment for not more than |
27 | seven years or a fine of not more than $50,000, or both. |
28 | § 7704. Disposition of vehicle or vehicle part with altered |
29 | vehicle identification number. |
30 | Any person who purchases, receives, disposes, sells, |
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1 | transfers or possesses a vehicle or vehicle part with knowledge |
2 | that the vehicle identification number of the vehicle or vehicle |
3 | part has been altered, counterfeited, defaced, destroyed, |
4 | disguised, falsified, forged, obliterated or removed and with | <-- |
5 | the intent to conceal or misrepresent the identity or prevent |
6 | the identification of a vehicle or vehicle part commits a felony |
7 | of the third degree and, upon conviction, shall be sentenced to |
8 | imprisonment for not more than seven years or a fine of not more |
9 | than $50,000, or both. |
10 | § 7705. Exceptions. |
11 | (a) Scrap processor.--The provisions of section 7702 |
12 | (relating to owning, operating or conducting a chop shop) shall |
13 | not apply to a motor vehicle scrap processor who, in the normal | <-- |
14 | legal course of business and in good faith, processes a vehicle |
15 | or vehicle part by crushing, compacting or other similar |
16 | methods, provided that any vehicle identification number is not |
17 | removed from the vehicle or vehicle part prior to or during any |
18 | such processing. |
19 | (b) Repair of vehicle.--The provisions of section 7702 shall |
20 | not be construed to prohibit the removal of a vehicle |
21 | identification number plate from a vehicle part that is damaged |
22 | when: |
23 | (1) The removal is necessary for proper repair or |
24 | matching identification of a replacement vehicle part. |
25 | (2) The proper matching vehicle identification number |
26 | plate is immediately and properly secured to the repaired or |
27 | replacement part. |
28 | § 7706. Presumptions. |
29 | (a) Vehicles.--Any person or persons who transport, sell, |
30 | transfer, purchase, possess or receive any vehicle or vehicle |
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1 | part upon which the vehicle identification number has been |
2 | altered, counterfeited, defaced, destroyed, disguised, |
3 | falsified, forged, obliterated or removed or who fails to keep, |
4 | possess or produce the records required to be kept, possessed or |
5 | produced for the vehicle or vehicle part under 75 Pa.C.S. § 6308 |
6 | (relating to investigation by police officers) shall be prima |
7 | facie evidence under section 7702 (relating to owning, operating |
8 | or conducting a chop shop) of that person's or persons' |
9 | knowledge that the vehicle or vehicle part was illegally |
10 | obtained. |
11 | (b) Police report.--A police report which indicates that a |
12 | vehicle or vehicle part was reported to police to be in a stolen |
13 | status at the time it was possessed shall be prima facie |
14 | evidence that the vehicle or vehicle part was possessed without |
15 | permission of the owner. |
16 | § 7707. Loss of property rights to Commonwealth. |
17 | (a) Forfeitures generally.--The following shall be subject |
18 | to forfeiture to the Commonwealth, and no property right shall |
19 | exist in them: |
20 | (1) Any tool, implement or instrumentality, including, |
21 | but not limited to, a vehicle or vehicle part used or |
22 | possessed in connection with any violation of this chapter. |
23 | (2) All materials, products and equipment of any kind |
24 | which are used or intended for use in violation of this |
25 | chapter. |
26 | (3) All books, records, microfilm, tapes and data which |
27 | are used or intended for use in violation of this chapter. |
28 | (4) All money, negotiable instruments, securities or |
29 | other things of value used or intended to be used to |
30 | facilitate any violation of this chapter and all proceeds |
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1 | traceable to any transactions in violation of this chapter. |
2 | (5) All real property used or intended to be used to |
3 | facilitate any violation of this chapter, including |
4 | structures or other improvements thereon and including any |
5 | right, title and interest in the whole or any lot or tract of |
6 | land and any appurtenances or improvements which are used or |
7 | intended to be used in any manner or part to commit or to |
8 | facilitate the commission of a violation of this chapter. |
9 | (b) Exceptions.-- |
10 | (1) No property shall be forfeited under this section, |
11 | to the extent of the interest of an owner, by reason of any |
12 | act or omission established by the owner to have been |
13 | committed or omitted without the knowledge or consent of that |
14 | owner. |
15 | (2) No valid lien or encumbrance on real property shall |
16 | be subject to forfeiture or impairment under this paragraph. |
17 | A lien which is fraudulent or intended to avoid forfeiture |
18 | under this section shall be invalid. |
19 | (c) Process and seizure.--Property subject to forfeiture |
20 | under this chapter may be seized by the law enforcement |
21 | authority upon process issued by a court of common pleas having |
22 | jurisdiction over the property. Seizure without process may be |
23 | made if: |
24 | (1) the seizure is incident to an arrest or a search |
25 | warrant or inspection under 75 Pa.C.S. § 6308 (relating to |
26 | investigation by police officers) or any other administrative |
27 | inspection; |
28 | (2) the property subject to seizure has been the subject |
29 | of a proper judgment in favor of the Commonwealth in a |
30 | criminal injunction or forfeiture proceeding under this |
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1 | chapter; |
2 | (3) there is probable cause to believe that the property |
3 | is dangerous to health or safety; or |
4 | (4) there is probable cause to believe that the property |
5 | has been used or is intended to be used in violation of this |
6 | chapter. |
7 | (d) Seizure without process.--In the event seizure without |
8 | process occurs as provided in this chapter, proceeding for the |
9 | issuance thereof shall be instituted forthwith. |
10 | (e) Custody of property.--Property taken or detained under |
11 | this section shall not be subject to replevin but is deemed to |
12 | be in the custody of the law enforcement authority, subject only |
13 | to the orders and decrees of the court of common pleas having |
14 | jurisdiction over the forfeiture proceedings and of the district |
15 | attorney or the Office of Attorney General. When property is |
16 | seized under this chapter, the law enforcement authority shall |
17 | place the property under seal and either: |
18 | (1) remove the property to a place designated by it; or |
19 | (2) require that the district attorney or the Office of |
20 | Attorney General take custody of the property and remove it |
21 | to an appropriate location for disposition in accordance with |
22 | law. |
23 | (f) Use of property held in custody.-- |
24 | (1) Whenever property is forfeited under this chapter, |
25 | the property shall be transferred to: |
26 | (i) the custody of the district attorney, if the law |
27 | enforcement authority seizing the property has local or |
28 | county jurisdiction; or |
29 | (ii) the Office of Attorney General, if the law |
30 | enforcement authority seizing the property has Statewide |
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1 | jurisdiction. |
2 | (2) The district attorney or the Office of Attorney |
3 | General, where appropriate, may: |
4 | (i) Retain the property for official use. |
5 | (ii) Sell any forfeited property which is not |
6 | required to be destroyed by law and which is not harmful |
7 | to the public, but the proceeds from any such sale must |
8 | be used to pay all proper expenses of the proceeding for |
9 | forfeiture and sale, including expenses of seizure, |
10 | maintenance of custody, advertising and court costs. The |
11 | balance of the proceeds shall be dealt with in accordance |
12 | with subsections (g) and (h). |
13 | (g) Use of cash, property or proceeds of property.--Cash or |
14 | proceeds of forfeited property transferred to the custody of the |
15 | district attorney under subsection (f) shall be placed in the |
16 | operating fund of the county in which the district attorney is |
17 | elected. The appropriate county authority shall immediately |
18 | release from the operating fund, without restriction, a like |
19 | amount for the use of the district attorney in enforcing the |
20 | criminal laws of this Commonwealth. The entity having budgetary |
21 | control shall not anticipate future forfeitures or proceeds from |
22 | such forfeitures in adoption and approval of the budget for the |
23 | district attorney. |
24 | (h) Distribution of property among law enforcement |
25 | authorities.--If both State and municipal law enforcement |
26 | authorities were substantially involved in effecting the |
27 | seizure, the court having jurisdiction over the forfeiture |
28 | proceedings shall equitably distribute the property between the |
29 | district attorney and the Office of Attorney General. |
30 | (i) Annual audit of forfeited property.--A county shall |
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1 | provide, through the controller, board of auditors or other |
2 | appropriate auditor and the district attorney, an annual audit |
3 | of all forfeited property and proceeds obtained under this |
4 | section. The audit shall not be made public but shall be |
5 | submitted to the Office of Attorney General. The county shall |
6 | report all forfeited property and proceeds obtained under this |
7 | section and the disposition thereof to the Office of Attorney |
8 | General by September 30 of each year. |
9 | (j) Annual report; confidential information regarding |
10 | property.--The Office of Attorney General shall annually submit |
11 | a report to the Appropriations Committee of the Senate, the |
12 | Appropriations Committee of the House of Representatives, the |
13 | Judiciary Committee of the Senate and the Judiciary Committee of |
14 | the House of Representatives specifying the forfeited property |
15 | or proceeds thereof obtained under this section. The report |
16 | shall give an account of all proceeds derived from the sale of |
17 | forfeited property and the use made of unsold forfeited |
18 | property. The Office of Attorney General shall adopt procedures |
19 | and guidelines governing the release of information by the |
20 | district attorney to protect the confidentiality of forfeited |
21 | property or proceeds used in ongoing enforcement activities. |
22 | (k) Proceeds and appropriations.--The proceeds or future |
23 | proceeds from forfeited property under this chapter shall be in |
24 | addition to any appropriation made to the Office of Attorney |
25 | General. |
26 | § 7708. Procedure with respect to seized property subject to |
27 | liens and rights of lienholders. |
28 | (a) General procedure.--The proceedings for the forfeiture |
29 | or condemnation of property, the sale of which is provided for |
30 | under this chapter, shall be in rem in which the Commonwealth |
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1 | shall be the plaintiff and the property the defendant. The |
2 | Pennsylvania Rules of Civil Procedure shall apply to all |
3 | forfeiture proceedings brought under this chapter. A petition |
4 | shall be filed in the court of common pleas of the judicial |
5 | district where the property is located, verified by oath or |
6 | affirmation of an officer or citizen, containing the following: |
7 | (1) A description of the property seized. |
8 | (2) A statement of the time and place where seized. |
9 | (3) The owner, if known. |
10 | (4) The person or persons in possession, if known. |
11 | (5) An allegation that the property is subject to |
12 | forfeiture under section 7707 (relating to loss of property |
13 | rights to Commonwealth) and an averment of material facts |
14 | upon which the forfeiture action is based. |
15 | (6) A prayer for an order of forfeiture that the |
16 | property be adjudged forfeited to the Commonwealth and |
17 | condemned and be ordered sold according to law unless cause |
18 | be shown to the contrary. |
19 | (b) Notice to property owners.--A copy of the petition |
20 | required under subsection (a) shall be served personally or by |
21 | certified mail on the owner or upon the person or persons in |
22 | possession at the time of the seizure. The copy shall have |
23 | endorsed a notice as follows: |
24 | To the claimant of within described property: You are |
25 | required to file an answer to this petition, stating your |
26 | title in and right to possession of the property within 30 |
27 | days from the service of this petition, and you are also |
28 | notified that, if you fail to file an answer, a decree of |
29 | forfeiture and condemnation will be entered against the |
30 | property. |
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1 | The notice shall be signed by the Attorney General, Deputy |
2 | Attorney General, district attorney, deputy district attorney or |
3 | assistant district attorney. |
4 | (c) Substitute notice.-- |
5 | (1) If the owner of the property is unknown or there was |
6 | no person in possession of the property when seized or if the |
7 | owner or such person or persons in possession at the time of |
8 | the seizure cannot be personally served or located within the |
9 | jurisdiction of the court, notice of the petition shall be |
10 | given by the Commonwealth through an advertisement in only |
11 | one newspaper of general circulation published in the county |
12 | where the property was seized once a week for two successive |
13 | weeks. No other advertisement of any sort shall be necessary, |
14 | any other law to the contrary notwithstanding. |
15 | (2) The notice shall: |
16 | (i) contain a statement of the seizure of the |
17 | property with a description of the property and the place |
18 | and date of seizure; and |
19 | (ii) direct any claimants to the property to file a |
20 | claim on or before a date given in the notice, which date |
21 | shall not be less than 30 days from the date of the first |
22 | publication. |
23 | (3) If no claims are filed within 30 days of |
24 | publication, the property shall summarily forfeit to the |
25 | Commonwealth. |
26 | (d) Property owners not in jurisdiction.--For purposes of |
27 | this section, the owner or other such person cannot be found in |
28 | the jurisdiction of the court if: |
29 | (1) A copy of the petition is mailed to the last known |
30 | address by certified mail and is returned without a delivery. |
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1 | (2) A personal service is attempted once but cannot be |
2 | made at the last known address. |
3 | (3) A copy of the petition is left at the last known |
4 | address. |
5 | (e) Notice automatically waived.-- |
6 | (1) The notice provisions of this section are |
7 | automatically waived when the owner, without good cause, |
8 | fails to appear in court in response to a subpoena on the |
9 | underlying criminal charges. |
10 | (2) Forty-five days after such a failure to appear, if |
11 | good cause has not been demonstrated, the property shall |
12 | summarily forfeit to the Commonwealth. |
13 | (f) Preservation of the property subject for forfeiture.-- |
14 | (1) Upon application of the Commonwealth, the court may |
15 | enter a restraining order or injunction, require the |
16 | execution of a satisfactory performance bond or take any |
17 | other action to preserve the availability of property |
18 | described in section 7707 for forfeiture under this section |
19 | either: |
20 | (i) upon the filing of an information or an |
21 | indictment charging a violation of this chapter for which |
22 | criminal forfeiture may be ordered under this chapter and |
23 | alleging that the property with respect to which the |
24 | order is sought would be subject to forfeiture; or |
25 | (ii) prior to the filing of such an indictment or |
26 | information if, after notice to persons appearing to have |
27 | an interest in the property and an opportunity for a |
28 | hearing, the court determines that: |
29 | (A) There is a substantial probability that the |
30 | Commonwealth will prevail on the issue of forfeiture |
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1 | and that failure to enter the order will result in |
2 | the property being destroyed, removed from the |
3 | jurisdiction of the court or otherwise made |
4 | unavailable for forfeiture. |
5 | (B) The need to preserve the availability of the |
6 | property through the entry of the requested order |
7 | outweighs the hardship on any party against whom the |
8 | order is to be entered. |
9 | (2) An order entered under this subsection shall be |
10 | effective for not more than 90 days unless extended by the |
11 | court for good cause shown or unless an indictment or |
12 | information described in paragraph (1)(i) has been filed. |
13 | (g) Temporary restraining order.-- |
14 | (1) A temporary restraining order under subsection (f) |
15 | may be entered upon application of the Commonwealth without |
16 | notice or opportunity for a hearing when an information or |
17 | indictment has not yet been filed with respect to the |
18 | property if the Commonwealth demonstrates that: |
19 | (i) there is probable cause to believe that the |
20 | property with respect to which the order is sought would |
21 | be subject to forfeiture under this chapter; and |
22 | (ii) the provision of notice will jeopardize the |
23 | availability of the property for forfeiture. |
24 | (2) Such temporary order shall expire not more than ten |
25 | days after the date on which it is entered, unless: |
26 | (i) extended for good cause shown; or |
27 | (ii) the party against whom it is entered consents |
28 | to an extension for a longer period. |
29 | (3) A hearing requested concerning an order entered |
30 | under this subsection shall be held at the earliest possible |
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1 | time and prior to the expiration of the temporary order. |
2 | (h) Hearing regarding property; rules of evidence.--The |
3 | court may receive and consider at a hearing held under |
4 | subsection (f) or (g) evidence and information that would be |
5 | inadmissible under the rules of evidence. |
6 | (i) Hearing time set.--Upon the filing of a claim for the |
7 | property setting forth a right of possession, the case shall be |
8 | deemed at issue and a time shall be fixed for the hearing. |
9 | (j) Owner's burden of proof.--At the time of the hearing, if |
10 | the Commonwealth produces evidence that the property in question |
11 | was unlawfully used, possessed or otherwise subject to |
12 | forfeiture under section 7706 (relating to presumptions), the |
13 | burden shall be upon the claimant to show that: |
14 | (1) The claimant is the owner of the property or the |
15 | holder of a chattel mortgage or contract of conditional sale |
16 | thereon. |
17 | (2) The claimant lawfully acquired the property. |
18 | (3) It was not unlawfully used or possessed by the |
19 | claimant. In the event that it shall appear that the property |
20 | was unlawfully used or possessed by a person other than the |
21 | claimant, then the claimant must show that the unlawful use |
22 | or possession was without the claimant's knowledge or |
23 | consent. Such absence of knowledge or consent must be |
24 | reasonable under the circumstances presented. |
25 | (k) Court-ordered release of property.-- |
26 | (1) If a person claiming the ownership of or right of |
27 | possession to or claiming to be the holder of a chattel |
28 | mortgage or contract of conditional sale upon the property, |
29 | the disposition of which is provided for in this section, |
30 | prior to the sale presents a petition to the court alleging |
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1 | over the property lawful ownership, right of possession, a |
2 | lien or reservation of title and if, upon public hearing, due |
3 | notice of which having been given to the Office of Attorney |
4 | General or the district attorney, the claimant proves by |
5 | competent evidence to the satisfaction of the court: |
6 | (i) that the property was lawfully acquired, |
7 | possessed and used by him; or |
8 | (ii) if it appears that the property was unlawfully |
9 | used by a person other than the claimant, that the |
10 | unlawful use was without the claimant's knowledge or |
11 | consent, |
12 | then the court may order the property returned or delivered |
13 | to the claimant. |
14 | (2) Such absence of knowledge or consent must be |
15 | reasonable under the circumstances presented. Otherwise, the |
16 | property shall be retained for official use or sold in |
17 | accordance with section 7707(f). |
18 | Section 3. Section 6308(c) and (d) of Title 75 are amended |
19 | to read: |
20 | § 6308. Investigation by police officers. |
21 | * * * |
22 | (c) Inspection [of garages and dealer premises].--Any police |
23 | officer or authorized department employee may, during business |
24 | hours or at any other time in which work is being conducted or |
25 | work is being performed, inspect any vehicle, or major component |
26 | part for which records are required to be kept under subsection |
27 | (d), in any garage or repair shop or on the premises of any |
28 | dealer, miscellaneous motor vehicle business, salvage motor |
29 | vehicle auction or pool operator, salvor, scrap metal processor, |
30 | or other public place of business which deals in the trade of |
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1 | vehicles or major component parts for the purpose of [locating |
2 | stolen vehicles or parts or vehicles or vehicle parts with |
3 | identification numbers removed or falsified.]: |
4 | (1) locating stolen vehicles or parts of vehicles or |
5 | major component parts with identification numbers, Federal |
6 | certification labels, anti-theft labels or parts stickers |
7 | removed, altered or falsified; or |
8 | (2) inspecting the records required to be kept under |
9 | subsection (d). |
10 | The owner [of the garage or repair shop or the dealer], |
11 | operator, representative of the owner or operator of the |
12 | business or other person shall permit any police officer or |
13 | authorized department employee to make investigations under this |
14 | subsection. |
15 | (d) Records.-- |
16 | (1) Every salvor, miscellaneous motor vehicle business, |
17 | salvage motor vehicle auction or pool operator, scrap metal |
18 | processor, garage, repair shop and dealer shall keep accurate |
19 | records of [motor vehicle sales and dispositions] the |
20 | purchase, acquisition, sale and disposition of vehicles and | <-- |
21 | major component parts as required under sections 1103.1 | <-- |
22 | (relating to application for certificate of title), 1111 |
23 | (relating to transfer of ownership of vehicle), 1113 |
24 | (relating to transfer to or from manufacturer or dealer), |
25 | 1114 (relating to transfer of vehicle by operation of law), |
26 | 1119 (relating to application for certificate of title by |
27 | agent), 1161 (relating to certificate of salvage required), |
28 | 1162 (relating to transfer to vehicle salvage dealer), 1163 |
29 | (relating to transfer to scrap metal processor) and 1164 |
30 | (relating to theft vehicles). The records shall [include the] | <-- |
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1 | also include a corresponding customer receipt with the |
2 | vehicle identification number, make, year and type of vehicle |
3 | or major component part, from whom the vehicle was purchased | <-- |
4 | or acquired [and date, vehicle identification number and date |
5 | of sale or disposition of vehicle.], sold to or disposed of, | <-- |
6 | the date, location and place purchased, acquired, sold or |
7 | disposed of, and the amount paid or other tender exchanged | <-- |
8 | for the purchase, acquisition, sale or disposition and the | <-- |
9 | vehicle identification number or other serial numbers or |
10 | manufacturer's identification numbers. |
11 | (2) The records shall also include a photocopy of a |
12 | government-issued form of photo identification from the |
13 | person towing or selling the vehicle or major component part, | <-- |
14 | driver's license number and location from where the vehicle |
15 | or major component part was towed or sold and the business | <-- |
16 | name, address, license number and contact number of the |
17 | towing company. |
18 | (3) The records shall be available on the premises of |
19 | the salvor, miscellaneous motor vehicle business, salvage |
20 | motor vehicle auction or pool operator, scrap metal |
21 | processor, garage, repair shop and dealer and open to |
22 | inspection by any police officer or authorized department |
23 | employee. The records shall be maintained for three years |
24 | from the date of disposition of the vehicle or the major | <-- |
25 | component parts. |
26 | (4) If inspection under subsection (c) reveals stolen |
27 | vehicles, stolen major component parts or vehicle, vehicles | <-- |
28 | or major component parts with identification numbers, Federal |
29 | certification labels, anti-theft labels or parts stickers |
30 | removed, altered or falsified, any police officer or |
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1 | authorized department employee may seize those vehicles or |
2 | vehicle parts, records relating to the seized vehicles or |
3 | vehicle parts and the business, including proof of ownership |
4 | or operation of the business, as well as any |
5 | instrumentalities used to facilitate criminal activity. |
6 | * * * |
7 | Section 4. Repeals are as follows: |
8 | (1) The repeal under paragraph (2) is necessary to |
9 | effectuate this act. |
10 | (2) The act of November 24, 1998 (P.L.874, No.110), |
11 | known as the Motor Vehicle Chop Shop and Illegally Obtained |
12 | and Altered Property Act, is repealed. |
13 | Section 5. The addition of 18 Pa.C.S. Ch. 77 is a |
14 | continuation of the former act of November 24, 1998 (P.L.874, |
15 | No.110), known as the Motor Vehicle Chop Shop and Illegally |
16 | Obtained and Altered Property Act. |
17 | Section 6. This act shall take effect in 60 days. |
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