Bill Text: PA HB1521 | 2011-2012 | Regular Session | Amended

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Bill Title: Providing for the offense and consequences of possession of a vehicle with false compartments.

Spectrum: Moderate Partisan Bill (Republican 13-4)

Status: (Engrossed - Dead) 2012-06-22 - Referred to JUDICIARY [HB1521 Detail]

Download: Pennsylvania-2011-HB1521-Amended.html

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PRIOR PRINTER'S NO. 1843 PRINTER'S NO. 3483
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1521 Session of2011
INTRODUCED BY HARPER, CREIGHTON, DeLUCA, GEIST, HENNESSEY, HESS, HORNAMAN, MURT, PASHINSKI, PEIFER, VEREB, WATSON, FARRY, SWANGER AND CALTAGIRONE, MAY 10, 2011
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 8, 2012
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for the offense and consequences of
possession of a vehicle with false compartments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated <--
Statutes is amended by adding a section to read:
§ 907.1. Possession of a vehicle with false compartments.
(a) Offense defined.--Notwithstanding any other provision of
law:
(1) Any person who, acting with an unlawful purpose,
knowingly owns, operates or possesses a motor vehicle which
contains a false or secret compartment with the intent to
store, conceal, camouflage, hide, smuggle, transport or
prevent discovery of a person, controlled substance, firearm,
weapon or other contraband within the false compartment
commits a misdemeanor of the first degree.
(2) Any person who, acting with an unlawful purpose,
knowingly designs, assembles, constructs, builds, alters,
fabricates, attaches, fortifies, installs, places, causes to
be placed or maintains a false compartment in a motor vehicle
with the intent to store, conceal, camouflage, hide, smuggle,
transport or prevent discovery of a person, controlled
substance, firearm, weapon or other contraband within the
false compartment commits a misdemeanor of the second degree.
(b) Defense prohibited.--It shall not be a defense under
this section that the false or secret compartment was inoperable
or was not actually triggered, or that its existence or location
was known to a law enforcement officer or another person.
(c) Intent.--For the purpose of this section, a person's
intention to use a false or secret compartment to conceal the
contents of the compartment from a law enforcement officer shall
be inferred from factors including the discovery of a person,
controlled substance, firearm, weapon or other contraband within
the false or secret compartment, or from the discovery of
evidence of the previous placement of a person, controlled
substance, firearm, weapon or other contraband within the false
or secret compartment.
(d) Penalty.--In addition to any other applicable penalty,
any person convicted of a violation of this section shall be
subject to a license suspension of one year for a first offense
and two years for a second or subsequent offense.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"False or secret compartment." Any box, container, space or
enclosure that is intended or designed to store, conceal,
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camouflage, hide, smuggle, transport or prevent discovery of a
person, controlled substance, firearm, weapon or contraband
within or attached to the motor vehicle, such as any of the
following:
(1) False, altered or modified fuel tanks.
(2) Original factory equipment modified, altered or
changed.
(3) Compartment, space or box that is added to or
fabricated, made or created using existing compartments,
spaces or boxes within the vehicle.
"License." Any driver's license issued in accordance with 75
Pa.C.S. (relating to vehicles), including a commercial driver's
license as defined under 75 Pa.C.S. § 1603 (relating to
definitions).
Section 1. Section 907(d) of Title 18 of the Pennsylvania <--
Consolidated Statutes is amended by adding a definition and the
section is amended by adding a subsection to read:
§ 907. Possessing instruments of crime.
* * *
(c.1) Unlawful false or secret compartment.--A person
commits a misdemeanor of the first degree if he possesses a
false or secret compartment in a motor vehicle with the intent
to employ the false or secret compartment criminally.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
* * *
"False or secret compartment." Any enclosure integrated into
a motor vehicle that is a modification of the motor vehicle as
built by the manufacturer.
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* * *
Section 2. Title 42 is amended by adding a section to read:
§ 6801.2. Possession of a vehicle with false compartments <--
Forfeiture of vehicle with unlawful false or secret <--
compartment.
(a) Forfeiture.--
(1) Except as set forth in paragraph (2), a vehicle used
in the commission of an offense under 18 Pa.C.S. § 907.1 <--
(relating to possession of a vehicle with false compartments)
907(c.1) (relating to possessing instruments of crime) shall <--
be subject to forfeiture to the Commonwealth; and no property <--
right shall exist in the vehicle.
(2) The following apply:
(i) A No vehicle used by a common carrier in the <--
transaction of business as a common carrier shall not be <--
forfeited unless the Commonwealth establishes that the
owner or other person in charge of the conveyance vehicle <--
was a consenting party or privy to the offense.
(ii) A vehicle shall not be forfeited if the owner <--
of the vehicle establishes that the offense was committed
without the owner's knowledge or consent. No vehicle <--
shall be forfeited under the provisions of this section
by reason of any act or omission established by the owner
thereof to have been committed or omitted without his
knowledge or consent, which absence or knowledge or
consent must be reasonable under the circumstances
presented.
(b) Process and seizures.--A vehicle subject to forfeiture
under this section may be seized by the law enforcement
authority upon process issued by a court of common pleas having
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jurisdiction over the vehicle. Seizure without process may be
made if any of the following apply:
(1) The seizure is incident to an arrest, a search under
a search warrant or an inspection under an administrative
inspection warrant.
(2) The vehicle has been the subject of a prior judgment
in favor of the Commonwealth in a criminal injunction or
forfeiture proceeding under this chapter.
(3) There is probable cause to believe that the vehicle
has been or is intended to be used in the commission of an
offense under 18 Pa.C.S. § 907.1 907(c.1). <--
(c) Seizure without process.--If seizure is made without
process, proceedings for the issuance of process thereof shall <--
be instituted immediately forthwith. <--
(d) Custody.--A vehicle 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 a vehicle is seized under
this section, the law enforcement authority shall place the
vehicle under seal and either:
(1) remove it to a place determined by the law
enforcement authority; or
(2) request that the district attorney or Attorney
General take custody of it and remove it to an appropriate
location for disposition in accordance with law.
(e) Use of vehicle held in custody.--When a vehicle is
forfeited under this section, it shall be transferred to the
custody of the district attorney if the law enforcement
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authority seizing the vehicle has local or county jurisdiction
or of the Attorney General if the law enforcement authority
seizing the vehicle has Statewide jurisdiction. The district
attorney or the Attorney General, where appropriate, may:
(1) Retain the vehicle for official use.
(2) Sell the vehicle. The Sell any vehicle which is not <--
required to be destroyed by law and which is not harmful to
the public, the proceeds from the sale shall any such sale to <--
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. The
balance of the proceeds shall be dealt with under subsections
(f) and (g).
(f) Use of proceeds.--Proceeds under transferred to the <--
custody of the district attorney pursuant to subsection (e)(2)
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, that amount for the use of the district attorney in
enforcing the criminal laws of the Commonwealth of Pennsylvania.
The entity having budgetary control shall not anticipate future
forfeitures or proceeds from forfeiture in adoption and approval
of the budget for the district attorney.
(g) Distribution among law enforcement authorities.--If both
municipal and State law enforcement authorities were
substantially involved in effecting the seizure, the court
having jurisdiction over the forfeiture proceedings shall order <--
a sale of the vehicle and equitable distribution of proceeds
between the district attorney and the Attorney General equitably <--
distribute the property between the district attorney and
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Attorney General.
(h) Authorization to utilize property.--The district <--
attorney and the Attorney General shall utilize forfeited
property or proceeds thereof for the purpose of enforcing the
criminals laws of this Commonwealth.
(h) (i) Annual audit.--Every county shall provide, through <--
the controller, board of auditors or other appropriate auditor
and the district attorney, an annual audit of all forfeited
vehicles and proceeds obtained under this section. The audit
shall not be made public but shall be submitted to the Office of
Attorney General. The county shall report all forfeited vehicles
and proceeds obtained under this section and the disposition of
them to the Attorney General by September 30 of each year.
(i) (j) Annual report; confidential information regarding <--
vehicles.--The Attorney General shall annually submit a report
to the Appropriations Committee and Judiciary Committee of the
Senate and the Appropriations Committee and Judiciary Committee
of the House of Representatives specifying the forfeited
vehicles or proceeds obtained under this section. The report
shall give an accounting of all proceeds derived from the sale
of forfeited vehicles and the use made of unsold forfeited
vehicles. The Attorney General shall adopt procedures and
guidelines governing the release of information by the district
attorney to protect the confidentiality of forfeited vehicles or
proceeds used in ongoing law enforcement activities.
(j) (k) Proceeds and appropriations.--The proceeds or future <--
proceeds from vehicles forfeited under this section shall be in
addition to any appropriation made to the Office of Attorney
General.
Section 3. This act shall take effect in 60 days.
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