PRIOR PRINTER'S NO. 462 PRINTER'S NO. 1526
No. 422 Session of 1989
INTRODUCED BY MARKOSEK, COWELL, GODSHALL, KAISER, TIGUE, BLAUM,
KUKOVICH, RYBAK, JOHNSON, PRESTON, KOSINSKI, J. L. WRIGHT,
VROON, FOX, PRESSMANN, GIGLIOTTI, PISTELLA, SCHULER,
CAPPABIANCA, MAIALE, D. W. SNYDER, BURD, HAYDEN, DALEY,
LINTON, RITTER, HERMAN, VAN HORNE, COLAFELLA, STAIRS, TRELLO,
DeLUCA, SEMMEL, HERSHEY, BIRMELIN, CLYMER, KENNEY, SAURMAN,
JAROLIN, OLIVER, REINARD, McCALL, STEIGHNER, MORRIS, MELIO,
DIETTERICK, MICOZZIE, SCHEETZ, GEIST, J. TAYLOR, OLASZ,
BOWLEY, CORNELL, SERAFINI, HALUSKA, BUNT, BELFANTI, McVERRY,
BELARDI, BILLOW, LESCOVITZ, LEVDANSKY, CARN, LANGTRY,
STABACK, VEON, MICHLOVIC, CIVERA, WOZNIAK, GRUPPO, ACOSTA AND
KASUNIC, FEBRUARY 13, 1989
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 25, 1989
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for vehicle identification
3 numbers.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 7102, 7103, 7104 and 7105 of Title 75 of
7 the Pennsylvania Consolidated Statutes are amended to read:
8 § 7102. Removal or falsification of identification number.
9 (a) Offense defined.--A person who willfully PLACES A FALSE <--
10 IDENTIFICATION NUMBER ON OR removes, SELLS or falsifies an <--
11 EXISTING identification number of a vehicle, engine [or], <--
12 transmission or any other vehicle part bearing an identification
13 number is guilty of a misdemeanor of the third degree.
1 (b) Fraudulent intent.--A person who willfully and with
2 intent to conceal or misrepresent the identity of a vehicle,
3 engine [or], transmission or any other vehicle part bearing an
4 identification number, PLACES A FALSE IDENTIFICATION NUMBER <--
5 THEREON OR removes, SELLS or falsifies an EXISTING <--
6 identification number thereof, is guilty of a misdemeanor of the
7 first degree.
8 [(c) Exception.--This section does not apply to the removal <--
9 of [an] A METAL VEHICLE identification number PLATE from a <--
10 vehicle [for which a certificate of junk has been obtained in <--
11 accordance with section 1117 (relating to vehicle destroyed or
12 junked).] OR PART THEREOF THAT IS DAMAGED AND SUCH REMOVAL IS <--
13 NECESSARY FOR PROPER REPAIR OR MATCHING IDENTIFICATION OF A
14 REPLACEMENT VEHICLE PART. SUCH REMOVAL IS ONLY ALLOWED IF THE
15 PROPER MATCHING IDENTIFICATION NUMBER IS IMMEDIATELY AND
16 PROPERLY SECURED TO THE REPAIRED OR REPLACEMENT PART.
17 § 7103. Dealing in vehicles with removed or falsified numbers.
18 (a) Offense defined.--A person who buys, receives,
19 possesses, sells or disposes of a vehicle, engine [or],
20 transmission or any other vehicle part bearing an identification
21 number, knowing that an identification number has been removed
22 [or falsified], A FALSE IDENTIFICATION NUMBER HAS BEEN PLACED <--
23 THEREON, OR AN EXISTING IDENTIFICATION NUMBER HAS BEEN
24 FALSIFIED, is guilty of a misdemeanor of the third degree.
25 (b) Knowledge of fraudulent intent.--A person who buys,
26 receives, possesses, sells or disposes of a vehicle, engine
27 [or], transmission or any other vehicle part bearing an
28 identification number with knowledge that an identification
29 number has been removed [or falsified], A FALSE IDENTIFICATION <--
30 NUMBER HAS BEEN PLACED THEREON, OR AN EXISTING IDENTIFICATION
19890H0422B1526 - 2 -
1 NUMBER HAS BEEN FALSIFIED, with intent to conceal or
2 misrepresent the identity thereof, is guilty of a felony of the
3 third degree.
4 [(c) Exception.--This section does not apply to the removal <--
5 of [an] A METAL VEHICLE identification number PLATE from a <--
6 vehicle [for which a certificate of junk has been obtained in <--
7 accordance with section 1117 (relating to vehicle destroyed or
8 junked).] OR PART THEREOF THAT IS DAMAGED AND SUCH REMOVAL IS <--
9 NECESSARY FOR PROPER REPAIR OR MATCHING IDENTIFICATION OF A
10 REPLACEMENT VEHICLE PART. SUCH REMOVAL IS ONLY ALLOWED IF THE
11 PROPER MATCHING IDENTIFICATION NUMBER IS IMMEDIATELY AND
12 PROPERLY SECURED TO THE REPAIRED OR REPLACEMENT PART.
13 § 7104. State replacement vehicle identification number plate.
14 (a) General rule.--No vehicle on which the vehicle
15 identification number has been removed or falsified shall be
16 titled or registered without a special permit from the
17 department.
18 (b) Application for plate.--Before a certificate of title or
19 registration for the vehicle can be obtained, the owner shall
20 apply to the department for a State replacement vehicle
21 identification number plate on a form furnished by the
22 department which shall contain the full name and address of the
23 owner and any other information the department may deem
24 necessary, [sworn to before an official empowered to administer
25 oaths] as certified by a police officer.
26 (c) Designation on plate.--The State replacement vehicle
27 identification number plate shall contain:
28 (1) Official department identification.
29 (2) The manufacturer's vehicle identification number, if
30 known, or a number assigned by the department.
19890H0422B1526 - 3 -
1 (d) Issuance and display of plate.--The department shall
2 furnish a State replacement vehicle identification number plate
3 which shall be immediately placed in a uniform manner as
4 designated by the department on the vehicle.
5 (e) Reconstructed or specially constructed vehicle.--The
6 department may assign a State replacement vehicle identification
7 number plate for a reconstructed or specially constructed
8 vehicle.
9 § 7105. Seizure of vehicles with removed or falsified numbers.
10 (a) Duty of police.--Every police officer having knowledge
11 of a vehicle on which the vehicle identification number has been
12 removed or falsified shall immediately seize and take possession
13 of the vehicle and arrest or file a complaint for the arrest of
14 the suspected owner or custodian. In all actions involving
15 seizure or possession of such vehicles, vehicle identification
16 information shall be transmitted to the Federal or other
17 agencies involved in recovery of stolen vehicles.
18 (b) Proceedings if owner known.--The court, upon petition of
19 the owner or of the person entitled to possession of a seized
20 vehicle, may relinquish custody of the vehicle to the person
21 legally entitled to the vehicle [upon presentation of proof that
22 a State replacement vehicle identification number plate has been
23 issued by the department under section 7104 (relating to State
24 replacement vehicle identification number plate)]. Any vehicle
25 in the possession or custody of a police officer shall not be
26 released to the owner or person legally entitled to possession
27 of a seized vehicle pursuant to this section until such time as
28 a replacement vehicle identification number plate has been
29 obtained. Proof of the replacement vehicle identification number
30 must be exhibited to the police officer at the time of release,
19890H0422B1526 - 4 -
1 together with the court order relinquishing custody. The
2 provisions with regard to the securance of a replacement vehicle
3 identification number shall not apply when the vehicle is titled
4 in a foreign state and will be removed from this State
5 immediately upon release. If the foreign vehicle will not be
6 removed immediately, the exception does not apply and a
7 replacement vehicle identification number must be obtained.
8 Except as otherwise provided in this section, the court shall
9 retain in custody the seized vehicle pending prosecution of the
10 person arrested. In case the person is found guilty, the vehicle
11 shall remain in the custody of the court until the fine and
12 costs of prosecution are paid, except that if 90 days have
13 elapsed after the verdict has been rendered and the fine and
14 costs have not been paid, the court shall proceed to advertise
15 and sell the vehicle in the manner provided by law for the sale
16 of personal property under execution. The proceeds from the sale
17 shall be used to pay the fine and costs of prosecution and the
18 balance, if any, shall be forwarded to the department to be
19 transmitted to the State Treasurer for deposit in the Motor
20 License Fund.
21 (c) Proceedings if owner unknown.--If ownership of the
22 vehicle is not established to the satisfaction of the court, the
23 vehicle shall be confiscated by the court and sold immediately,
24 and the proceeds shall be used to pay the costs of proceedings
25 and the balance, if any, shall be forwarded to the department to
26 be transmitted to the State Treasurer for deposit in the Motor
27 License Fund.
28 Section 2. This act shall take effect in 60 days.
A31L75CHF/19890H0422B1526 - 5 -