6801.1 - Terrorism forfeiture.

     § 6801.1.  Terrorism forfeiture.        (a)  Forfeitures generally.--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 18 Pa.C.S. § 2717 (relating to terrorism)            and all assets, foreign or domestic, affording a person a            source of influence over such an 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 18 Pa.C.S. § 2717.                (iii)  Derived from, involved in or used or intended            to be used to commit an act in this Commonwealth which            violates 18 Pa.C.S. § 2717.            (2)  All assets within this Commonwealth:                (i)  Of an individual, entity or organization engaged            in planning or perpetrating an act which violates 18            Pa.C.S. § 2717.                (ii)  Acquired or maintained with the intent and for            the purpose of supporting, planning, conducting or            concealing an act which violates 18 Pa.C.S. § 2717.                (iii)  Derived from, involved in or used or intended            to be used to commit an act which violates 18 Pa.C.S. §            2717.        (b)  Process and seizures.--Property subject to forfeiture     under this section may be seized by the law enforcement     authority upon process issued by a court of common pleas having     jurisdiction over the property. 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 property subject to seizure 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 property        is dangerous to health or safety.            (4)  There is probable cause to believe that the property        has been or is intended to be used in the commission of an        act which violates 18 Pa.C.S. § 2717.        (c)  Seizure without process.--In the event seizure is made     without process, proceedings for the issuance of process shall     be instituted forthwith.        (d)  Custody of property.--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 or the Attorney General. When property is seized under     this section, the law enforcement authority shall place the     property under seal and either:            (1)  remove the property to a place determined by the law        enforcement authority; or            (2)  request that the district attorney or Attorney        General take custody of the property and remove it to an        appropriate location for disposition in accordance with law.        (e)  Use of property held in custody.--Whenever property is     forfeited under this section, it shall be transferred to the     custody of the district attorney if the law enforcement     authority seizing the property has local or county jurisdiction     or of the Attorney General if the law enforcement authority     seizing the property has Statewide jurisdiction. The district     attorney or the Attorney General, where appropriate, may:            (1)  Retain the property for official use.            (2)  Sell any forfeited property which is not required to        be destroyed by law and which is not harmful to the public,        the proceeds from 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 cash or proceeds of property.--Cash or proceeds     of forfeited property transferred to the custody of the district     attorney under 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 in enforcing the criminal laws of     the Commonwealth of Pennsylvania. 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.--If both municipal and State law enforcement     authorities were substantially involved in effecting the     seizure, the court having jurisdiction over the forfeiture     proceedings shall equitably distribute the property between the     district attorney and the 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     provisions of 18 Pa.C.S. § 2717, section 6802 (relating to     procedure with respect to seized property subject to liens and     rights of lienholders) and this section. In appropriate cases,     the district attorney and the Attorney General may designate     proceeds from forfeited property to be utilized for     antiterrorism public safety programs and for relocation and     protection of witnesses in criminal cases.        (i)  Annual audit of forfeited property.--It shall be the     responsibility of every county in this Commonwealth to provide,     through the controller, board of auditors or other appropriate     auditor and the district attorney, an annual audit of all     forfeited property 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 property and proceeds obtained under this section and     the disposition thereof to the Attorney General by September 30     of each year.        (j)  Annual report; confidential information regarding     property.--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     property or proceeds thereof obtained under this section. The     report shall give an accounting of all proceeds derived from the     sale of forfeited property and the use made of unsold forfeited     property. The Attorney General shall adopt procedures and     guidelines governing the release of information by the district     attorney to protect the confidentiality of forfeited property or     proceeds used in ongoing antiterrorist activities.        (k)  Proceeds and appropriations.--The proceeds or future     proceeds from property forfeited under this section shall be in     addition to any appropriation made to the Office of Attorney     General.     (July 7, 2006, P.L.342, No.71, eff. 60 days)        2006 Amendment.  Act 71 added section 6801.1.        Cross References.  Section 6801.1 is referred to in section     6802 of this title.