PRINTER'S NO. 205
No. 214 Session of 1999
INTRODUCED BY STETLER, COY, PRESTON, DeLUCA, RAMOS,
E. Z. TAYLOR, M. COHEN, ROBINSON, PLATTS, J. TAYLOR, HARHAI,
STEELMAN AND CIVERA, JANUARY 28, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for impoundment of vehicles for
3 certain offenses of prostitution.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 75 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 6309.3. Impoundment for certain offenses of prostitution.
9 (a) General rule.--Any motor vehicle or other vehicle or
10 conveyance or combination thereof which is used in the violation
11 of 18 Pa.C.S. § 5902(e) (relating to prostitution and related
12 offenses) or any municipal corporation ordinance relating to
13 prostitution shall be ordered to be impounded by the police
14 officer who discovered the unlawful use of the vehicle or
15 combination. The police officer may render the vehicle or
16 combination temporarily inoperable until the officer can notify
17 the appropriate impounding agent to tow and store the vehicle.
18 (b) Notice by police.--The officer ordering impoundment
1 shall provide notice to the person arrested of the name, address
2 and telephone number and hours of operation of the impounding
3 agent that will hold the vehicle or combination and that the
4 vehicle or combination will be held for at least 24 hours.
5 (c) Notice by towing agent.--The impounding agent notified
6 under subsection (b) shall tow and store the vehicle or
7 combination. If the owner does not claim the vehicle or
8 combination within 24 hours, the agent shall provide notice by
9 the most expeditious means and by first class mail, proof of
10 service of the towing, storage and location of the vehicle or
11 combination to any owner whose name or address is known or can
12 be ascertained by investigation or any lienholder whose name and
13 address can be ascertained by investigation. Notice of the
14 impoundment shall be mailed, certified, returned receipt
15 requested to the owner of the vehicle if the owner is not the
16 person arrested.
17 (d) Recovery of towed and stored vehicle.--
18 (1) The owner of any vehicle or combination may recover
19 the vehicle by doing all of the following:
20 (i) Furnish proof of valid registration and
21 financial responsibility.
22 (ii) Pay all costs as provided by local ordinance
23 associated with the impoundment, towing and storage of
24 the vehicle or make arrangements with the appropriate
25 authority to make payment of all costs by installments as
26 provided by the Pennsylvania Rules of Criminal Procedure.
27 (2) Any vehicle not recovered under this subsection may
28 be sold by the municipal corporation in authority as an
29 unclaimed vehicle or load under section 6310 (relating to
30 disposition of impounded vehicles and loads). The proceeds of
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1 the sale shall first be applied to the payment of the costs
2 associated with the impoundment, towing and storage of the
3 vehicle with any remainder going to the municipality's
4 general fund.
5 (e) Towing agent and fees.--The municipal corporation in
6 authority shall approve an ordinance electing to apply the
7 provisions of this subsection and establishing the impoundment,
8 towing and storage costs. The towing and storage costs must be
9 reasonable. The impoundment cost must not be more than $1,000
10 and shall be held by the municipality until the determination of
11 the person's innocence or guilt. If the person is found
12 innocent, the municipality shall return the impoundment cost. If
13 the person is convicted or enters a plea of guilt or nolo
14 contendere, the municipality shall transfer the impoundment cost
15 to its general fund. The towing, storage and impounding costs
16 shall be in addition to any penalty imposed upon conviction of
17 18 Pa.C.S. § 5902(e) or upon conviction of any municipal
18 ordinance relating to prostitution.
19 Section 2. This act shall take effect in 60 days.
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