2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 30 - Trafficking of Persons
3004 - Forfeiture.

     § 3004.  Forfeiture.
        (a)  General rule.--The following shall be subject to
     forfeitures to the Commonwealth, and no property right shall
     exist in them:
            (1)  All assets, foreign or domestic:
                (i)  Of an individual, entity or organization engaged
            in planning or perpetrating an act in this Commonwealth
            which violates section 3002 (relating to trafficking of
            persons) and all assets, foreign or domestic, affording a
            person a source of influence over such individual, entity
            or organization.
                (ii)  Acquired or maintained by a person with the
            intent and for the purpose of supporting, planning,
            conducting or concealing an act in this Commonwealth
            which violates section 3002.
                (iii)  Derived from, involved in or used or intended
            to be used to commit an act in this Commonwealth which
            violates section 3002.
            (2)  All assets within this Commonwealth:
                (i)  Of an individual, entity or organization engaged
            in planning or perpetrating an act which violates section
            3002.
                (ii)  Acquired or maintained with the intent and for
            the purpose of supporting, planning, conducting or
            concealing an act which violates section 3002.
                (iii)  Derived from, involved in or used or intended
            to be used to commit an act which violates section 3002.
        (b)  Process and seizures.--Property subject to forfeiture
     under this section may be seized by the law enforcement
     authority upon process issued by any court of common pleas
     having jurisdiction over the property.
        (c)  Custody of property.--
            (1)  Property 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.
            (2)  When property is seized under this section, the law
        enforcement authority shall place the property under seal and
        either:
                (i)  remove the property to a place designated by it;
            or
                (ii)  require that the district attorney take custody
            of the property and remove it to an appropriate location
            for disposition in accordance with law.
        (d)  Transfer of property.--Whenever property is forfeited
     under this section, the property shall be transferred to the
     custody of the district attorney. The district attorney, where
     appropriate, may retain the property for official use or sell
     the property, but the proceeds from any such sale shall 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 used for the enforcement of the criminal laws of
     Pennsylvania.
        (e)  Proceedings and petition.--The proceedings for the
     forfeiture or condemnation of property, the retention or sale of
     which is provided for in this section, shall be in rem, in which
     the Commonwealth shall be the plaintiff and the property the
     defendant. A petition shall be filed in the court of common
     pleas of the judicial district where the property is located,
     verified by oath or affirmation of an officer or citizen,
     containing the following:
            (1)  A description of the property seized.
            (2)  A statement of the time and place where seized.
            (3)  The owner, if known.
            (4)  The person or persons in possession, if known.
            (5)  An allegation that the property is subject to
        forfeiture pursuant to this section and an averment of
        material facts upon which forfeiture action is based.
            (6)  A prayer for an order of forfeiture that the
        property be adjudged forfeited to the Commonwealth and
        condemned unless cause be shown to the contrary.
        (f)  Service.--A copy of the petition required under
     subsection (e) shall be served personally or by certified mail
     on the owner or the person or persons in possession at the time
     of the seizure. The copy shall have endorsed a notice as
     follows:
                To the claimant of within described property:
            You are required to file an answer to this petition,
        setting forth your title in and right to possession of the
        property within 30 days from the service of this notice. You
        are also notified that, if you fail to file the answer, a
        decree of forfeiture and condemnation will be entered against
        the property.
     The notice shall be signed by the district attorney, deputy
     district attorney or assistant district attorney.
        (g)  Notice.--
            (1)  If the owner of the property is unknown or there was
        no person in possession of the property when seized or if the
        owner or such person or persons in possession at the time of
        the seizure cannot be personally served or located within the
        jurisdiction of the court, notice of the petition shall be
        given by the Commonwealth through an advertisement in only
        one newspaper of general circulation published in the county
        where the property shall have been seized, once a week for
        two successive weeks. No other advertisement of any sort
        shall be necessary, any other law to the contrary
        notwithstanding.
            (2)  The notice shall contain a statement of the seizure
        of the property with a description of the property and the
        place and date of seizure and shall direct any claimants to
        the property to file a claim on or before a date given in the
        notice, which date shall not be less than 30 days from the
        date of the first publication.
            (3)  If no claims are filed within 30 days of
        publication, the property shall summarily forfeit to the
        Commonwealth.
        (h)  Unknown owner.--For purposes of this section, the owner
     or other such person cannot be found in the jurisdiction of the
     court if:
            (1)  a copy of the petition is mailed to the last known
        address by certified mail and is returned without delivery;
            (2)  personal service is attempted once but cannot be
        made at the last known address; and
            (3)  a copy of the petition is left at the last known
        address.
        (i)  Waiver of notice.--The notice provisions of this section
     are automatically waived if the owner, without good cause, fails
     to appear in court in response to a subpoena on the underlying
     criminal charges. Forty-five days after such a failure to
     appear, if good cause has not been demonstrated, the property
     shall summarily forfeit to the Commonwealth.
        (j)  Hearing date.--Upon the filing of a claim for the
     property setting forth a right of possession, the case shall be
     deemed at issue, and a date and time shall be fixed for the
     hearing.
        (k)  Burden of proof.--At the hearing, if the Commonwealth
     produces evidence that the property in question was unlawfully
     used, possessed or otherwise subject to forfeiture under this
     section, the burden shall be upon the claimant to show by a
     preponderance of the evidence:
            (1)  That the claimant is the owner of the property or
        the holder of a chattel mortgage or contract of conditional
        sale thereon.
            (2)  That the claimant lawfully acquired the property.
            (3)  That the property was not unlawfully used or
        possessed by the claimant. If it appears that the property
        was unlawfully used or possessed by a person other than the
        claimant, then the claimant shall show that the unlawful use
        or possession was without his knowledge or consent. Such
        absence of knowledge or consent must be reasonable under the
        circumstances presented.
        (l)  Claims of ownership.--If a person claiming the ownership
     of or right of possession to or claiming to be the holder of a
     chattel mortgage or contract of conditional sale upon the
     property, the disposition of which is provided for in this
     section, prior to the sale presents a petition to the court
     alleging lawful ownership, right of possession, a lien or
     reservation of title to the property and if, on public hearing,
     due notice of which having been given to the district attorney,
     the claimant shall prove by a preponderance of the evidence that
     the property was lawfully acquired, possessed and used by him
     or, it appearing that the property was unlawfully used by a
     person other than the claimant, that the unlawful use was
     without the claimant's knowledge or consent, then the court may
     order the property returned or delivered to the claimant. Such
     absence of knowledge or consent must be reasonable under the
     circumstances presented. Otherwise, it shall be retained for
     official use or sold in accordance with this section.