2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 18 - CRIMES AND OFFENSES › Chapter 30 - Human Trafficking › Section 3021 - Asset forfeiture

§ 3021. Asset forfeiture.
(a) General rule.--
The following shall be subject to forfeiture to this 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 3011 (relating to trafficking in individuals) or 3012 (relating to involuntary servitude).
(ii) Affording a person a source of influence over the individual, entity or organization under subparagraph (i).
(iii) 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 3011 or 3012.
(iv) Derived from, involved in or used or intended to be used to commit an act in this Commonwealth which violates section 3011 or 3012.
(2) All assets within this Commonwealth:
(i) Of an individual, entity or organization engaged in planning or perpetrating an act which violates section 3011 or 3012.
(ii) Acquired or maintained with the intent and for the purpose of supporting, planning, conducting or concealing an act which violates section 3011 or 3012.
(iii) Derived from, involved in or used or intended to be used to commit an act which violates section 3011 or 3012.
(b) Process and seizures.--
(1) Property subject to forfeiture under this section may be seized by a law enforcement agency upon process issued by any court of common pleas having jurisdiction over the property.
(2) Seizure without process may be made if:
(i) the seizure is incident to an arrest or a search under a search warrant or inspection under an administrative inspection warrant;
(ii) 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;
(iii) there is probable cause to believe that the property is dangerous to health or safety; or
(iv) there is probable cause to believe that the property has been used or is intended to be used in violation of this chapter.
(3) In the event that seizure without process occurs as provided for in paragraph (2), proceedings for the issuance of process shall be instituted promptly.
(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 agency, the district attorney or the Attorney General subject only to the orders and decrees of the court of common pleas having jurisdiction over the forfeiture proceedings.
(2) When property is seized under this section, the law enforcement agency 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.--
If property is forfeited under this section, the property shall be transferred to the custody of the district attorney if the law enforcement authority seizing the property has county or local jurisdiction, or the Attorney General if the law enforcement authority seizing the property has Statewide jurisdiction. The Attorney General or district attorney, where appropriate, may sell the property. The proceeds from a sale shall first 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 distributed under subsection (m).
(e) Proceedings and petition.--
(1) The proceedings for the forfeiture or condemnation of property shall be in rem, in which the Commonwealth shall be the plaintiff and the property the defendant.
(2) A petition shall:
(i) be filed in the court of common pleas of the judicial district where the property is located;
(ii) be verified by oath or affirmation of an officer or citizen; and
(iii) contain the following:
(A) A description of the property seized.
(B) A statement of the time and place where seized.
(C) The owner, if known.
(D) The person or persons in possession, if known.
(E) An allegation that the property is subject to forfeiture under this section and an averment of material facts upon which forfeiture action is based.
(F) A prayer for an order of forfeiture that the property be adjudged forfeited to the Commonwealth and condemned unless cause to the contrary is shown.
(f) Service.--
(1) 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.
(2) The copy shall have endorsed a notice as follows:
To the claimant of the 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.
(3) The notice shall be signed by the district attorney, deputy district attorney or assistant district attorney or the Attorney General or a deputy attorney general.
(g) Notice.--
(1) 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 if:
(i) the owner of the property is unknown;
(ii) there was no person in possession of the property when seized; or
(iii) the owner or the person or persons in possession at the time of the seizure cannot be personally served or located within the jurisdiction of the court.
(2) Notwithstanding any other law to the contrary, no advertisement shall be required.
(3) The notice shall:
(i) contain a statement of the seizure of the property, a description of the property and the place and date of seizure; and
(ii) 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.
(4) 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 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.
(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. If good cause has not been demonstrated and 45 days have passed since the owner failed to appear, 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.--
If the Commonwealth produces evidence at the hearing under this section 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 that:
(1) the claimant is the owner of the property or the holder of a chattel mortgage or contract of conditional sale thereon;
(2) the claimant lawfully acquired the property; and
(3) 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, the claimant shall show that the unlawful use or possession was without his knowledge or consent. The absence of knowledge or consent must be reasonable under the circumstances presented.
(l) Claims of ownership.--
(1) A person may file a petition or answer the Commonwealth's petition alleging:
(i) Ownership of the property.
(ii) A right of possession to the property.
(iii) A lien or reservation of title to the property as the holder of:
(A) a chattel mortgage upon the property; or
(B) a contract of conditional sale upon the property.
(2) A public hearing shall be held, with due notice given to the district attorney or Attorney General.
(3) The court may order the property returned or delivered to the claimant upon proof by a preponderance of the evidence by the claimant that:
(i) the property was lawfully acquired, possessed and used by the claimant; or
(ii) if it appears that the property was unlawfully used by a person other than the claimant, the unlawful use was without the claimant's knowledge or consent. The absence of knowledge or consent must be reasonable under the circumstances presented.
(m) Disposition of proceeds.--
Subject to subsection (d), all moneys forfeited and the proceeds from the sale of all property forfeited and seized under this section shall be paid as follows:
(1) Any law enforcement agency shall be reimbursed if it has used its own funds in the detection, investigation, apprehension and prosecution of persons for violation of sections 3011 and 3012.
(2) Any amount remaining after reimbursement under paragraph (1) shall be distributed under the following formula:
(i) Thirty percent to the office of the prosecuting attorney to be used to investigate and prosecute human trafficking cases.
(ii) Seventy percent to the commission, one-half of which shall be deposited in the restricted account established in section 3013(d)(2) (relating to patronizing a victim of sexual servitude) to fund the grant programs established under section 3031 (relating to grants) and one-half to be used by the Office of Victims' Services within the commission to provide services to victims of human trafficking in the manner set forth in Chapter 9 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act.
(n) Assets located outside United States.--
Assets of persons convicted of violations of sections 3011 and 3012 that are located outside the United States shall also be subject to forfeiture to the extent they can be retrieved by the Commonwealth.
(Feb. 5, 2020, P.L.1, No.1, eff. 60 days)
2020 Amendment.
Act 1 amended subsec. (m).