PRIOR PRINTER'S NOS. 1131, 1700 PRINTER'S NO. 1713
No. 885 Session of 2003
INTRODUCED BY CONTI, EARLL, SCHWARTZ, KUKOVICH, BRIGHTBILL, PICCOLA, LOGAN, KITCHEN, WOZNIAK, STOUT, WONDERLING, ERICKSON, RAFFERTY, COSTA, STACK, MUSTO, THOMPSON, ARMSTRONG, HELFRICK, KASUNIC AND ORIE, AUGUST 1, 2003
AS AMENDED ON SECOND CONSIDERATION, JUNE 21, 2004
AN ACT 1 Amending the act of December 16, 2002 (P.L.1810, No.222), 2 entitled "An act prohibiting certain facsimiles, commercial 3 electronic transmissions and the use of text, graphic or 4 image messaging systems of wireless telephone systems to 5 transmit unsolicited commercial messages; imposing penalties; 6 authorizing the blocking of commercial electronic mail by 7 interactive computer service; and providing for the powers of 8 the Attorney General," further providing for definitions, for 9 prohibition of unsolicited or misleading commercial 10 electronic mail messages and faxes, for violations and for 11 remedies available to consumers; and providing for 12 confidentiality, for period of limitations, for jurisdiction 13 and for forfeiture of property. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 2 of the act of December 16, 2002 17 (P.L.1810, No.222), known as the Unsolicited Telecommunication 18 Advertisement Act, is amended to read: 19 Section 2. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise:
1 "Assist a transmission." Action taken by a person to provide 2 substantial assistance or support which enables another person 3 to formulate, compose, send, originate, initiate or transmit a 4 commercial electronic mail message when the person providing the 5 assistance knows or consciously avoids knowing that the 6 indicator of the commercial electronic mail message is engaged 7 or intends to engage in any practice that violates the act of 8 December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade 9 Practices and Consumer Protection Law. This term does not 10 include action [by a provider of Internet access or electronic 11 mail service for mere transmission or hosting services in the 12 ordinary course of business.] taken by: 13 (1) a provider of Internet access or electronic mail 14 service or other entity which provides intermediary 15 transmission service in sending or receiving an electronic 16 mail message; 17 (2) a provider of Internet access or electronic mail 18 service or other entity which provides to users of electronic 19 mail services the ability to send, receive or compose an 20 electronic mail message; or 21 (3) an entity which designs, manufactures or distributes 22 any technology, product or component that has a commercially 23 reasonable use other than to violate or circumvent this act. 24 "Commercial electronic mail message." [An electronic mail 25 message sent for the purpose of promoting real property, goods 26 or services.] An electronic message sent primarily for the 27 purpose of commercial advertisement or promotion of: 28 (1) a commercial product; 29 (2) a commercial service; 30 (3) the content of an Internet World Wide Web site; or 20030S0885B1713 - 2 -
1 (4) an Internet World Wide Web site operated for a 2 commercial purpose. 3 The term does not include an electronic mail transmission: 4 (1) to which an interactive computer service has 5 attached an advertisement in exchange for free use of an 6 electronic mail account when the sender has agreed to such an 7 arrangement; [or] 8 (2) sent as a result of an established business 9 relationship[.]; 10 (3) from an organization to its members; or 11 (4) a transactional or relationship message. 12 "Do-not-e-mail list." A list of residential electronic mail <-- 13 subscribers who have notified the Office of Attorney General of 14 their desire not to receive commercial electronic mail messages 15 or advertisements. 16 "Electronic mail address." A destination, commonly expressed 17 as a string of characters, to which electronic mail may be sent 18 or delivered. 19 "Electronic mail service." A person who is an intermediary 20 in sending or receiving electronic mail or who provides end- 21 users of electronic mail services the ability to send or receive 22 electronic mail. 23 "Established business relationship." A prior or existing 24 relationship formed by a voluntary two-way communication 25 initiated by a person or entity and a recipient, with or without 26 an exchange of consideration, on the basis of an inquiry, 27 application, purchase or transaction by the recipient regarding 28 products or services offered by such persons or entity. In 29 regard to an inquiry, the person or entity shall obtain the 30 consent of a recipient beyond the initial inquiry. [An 20030S0885B1713 - 3 -
1 established business relationship does not exist if the 2 recipient requests to be removed from the distribution lists of 3 an initiator pursuant to section 3(a)(4).] 4 "Fax." The transmission of the facsimile of a document 5 through a connection with a telephone or computer network. 6 "Header information." The source, destination and routing 7 information attached to an electronic mail message, including: 8 (1) The originating domain name and originating 9 electronic mail address. 10 (2) Any other information that appears in the line 11 identifying or purporting to identify the person initiating 12 the message. 13 (3) Technical information that authenticates the sender 14 of an electronic mail message for network security or network 15 management purposes. 16 "Initiate a transmission." Action by the original sender of 17 an electronic mail message, excluding action by any intervening 18 interactive computer service that may handle or retransmit the 19 message unless such intervening interactive computer service of 20 an electronic mail message when it knows or consciously avoids 21 knowing that the person initiating the transmission is engaged 22 or intends to engage in any act or practice that violates the 23 act of December 17, 1968 (P.L.1224, No.387), known as the Unfair 24 Trade Practices and Consumer Protection Law. The term does not 25 include action by a provider of Internet access or electronic 26 mail service for [mere transmission] the routine conveyance or 27 hosting services in the ordinary course of business. 28 "Internet domain name." [A globally unique hierarchical 29 reference to an Internet host or service assigned through 30 centralized Internet naming authorities and comprising a series 20030S0885B1713 - 4 -
1 of character strings separated by periods with the right-most 2 string specifying the top of the hierarchy.] Any alphanumeric 3 designation that is registered with or assigned by a domain name 4 registrar, domain name registry or other domain name 5 registration authority as part of an electronic mail address on 6 the Internet. 7 "Materially falsifies." Action taken to alter or conceal in 8 a manner that would impair the ability of one of the following 9 to identify, locate or respond to a person who initiated an 10 electronic mail message or to investigate an alleged violation 11 of this act by: 12 (1) a recipient of the message; 13 (2) an Internet access service processing the message on 14 behalf of a recipient; 15 (3) a person alleging a violation of this act; or 16 (4) a law enforcement agency. 17 "Multiple." The term means: 18 (1) more than ten commercial electronic mail messages 19 during a 24-hour period; 20 (2) more than 100 commercial electronic mail messages 21 during a 30-day period; or 22 (3) more than 1,000 commercial electronic mail messages 23 during a one-year period. 24 "Routine conveyance." The transmission, routing, relaying, 25 handling or storing through an automatic technical process of an 26 electronic mail message for which another person has identified 27 the recipients or provided the recipient addresses. 28 "Transactional or relationship message." An electronic mail 29 message the primary purpose of which is: 30 (1) to facilitate, complete or confirm a commercial 20030S0885B1713 - 5 -
1 transaction that the recipient has previously agreed to enter 2 into with the sender; 3 (2) to provide warranty information, product recall 4 information or safety or security information with respect to 5 a commercial product or service used or purchased by the 6 recipient; 7 (3) to provide: 8 (i) notification concerning a change in the terms or 9 features of; 10 (ii) notification of a change in the recipient's 11 standing or status with respect to; or 12 (iii) at regular periodic intervals, account balance 13 information or other type of account statement with 14 respect to 15 a subscription, membership, account, loan or comparable 16 ongoing commercial relationship involving the ongoing 17 purchase or use by the recipient of products or services 18 offered by the sender; 19 (4) to provide information directly related to an 20 employment relationship or related benefit plan in which the 21 recipient is currently involved, participating or enrolled; 22 or 23 (5) to deliver goods or services, including product 24 updates or upgrades, that the recipient is entitled to 25 receive under the terms of a transaction that the recipient 26 has previously agreed to enter into with the sender. 27 "Wireless advertisement." The initiation of a telephone call 28 or a message capable of providing text, graphic or image 29 messages by a commercial mobile service provider, unlicensed 30 wireless services provider or common carrier wireless exchange 20030S0885B1713 - 6 -
1 access service provider for the purpose of marketing goods or 2 services. The term does not include a call or message to a 3 person with that person's prior express invitation or permission 4 or to a person with whom the caller has an established business 5 relationship. 6 Section 2. Sections 3, 5 and 7 of the act are amended to 7 read: 8 Section 3. Prohibition of unsolicited or misleading commercial 9 electronic mail messages and faxes. 10 [(a) General rule.--No person may initiate a transmission or 11 conspire with another person to initiate a transmission or 12 assist a transmission of an unsolicited commercial electronic 13 mail message or fax from a computer or fax machine located in 14 this Commonwealth or to an electronic mail address that: 15 (1) uses a third party's Internet domain name in the 16 return electronic mail message without permission of the 17 third party; 18 (2) includes false or misleading information in the 19 return address portion of the electronic mail, facsimile or 20 wireless advertisement such that the recipient would be 21 unable to send a reply message to the original authentic 22 sender; 23 (3) contains false or misleading information in the 24 subject line; or 25 (4) fails to operate a valid sender-operated return e- 26 mail address or toll-free telephone number that the recipient 27 of the unsolicited documents may e-mail or call to notify the 28 sender not to transmit further unsolicited documents.] 29 (a.1) General rule.--No person may: 30 (1) initiate a transmission or conspire with another 20030S0885B1713 - 7 -
1 person to initiate a transmission or assist a transmission of 2 a commercial electronic mail message or an unsolicited fax 3 from a computer or fax machine located in this Commonwealth 4 or to an electronic mail address that: 5 (i) uses a third party's Internet domain name in the 6 return electronic mail message without permission of the 7 third party; 8 (ii) includes false or misleading information in the 9 return address portion of the electronic mail, facsimile 10 or wireless advertisement such that the recipient would 11 be unable to send a reply message to the original 12 authentic sender; 13 (iii) contains false or misleading information in 14 the subject line; or 15 (iv) materially falsifies header information in 16 multiple commercial electronic mail messages and 17 intentionally initiates the transmission of the messages; 18 (2) register, using information that materially 19 falsifies the identity of the actual registrant, for 15 or 20 more electronic mail accounts or online user accounts or two 21 or more domain names and intentionally initiate the 22 transmission of multiple commercial electronic mail messages 23 from one or any combination of accounts or domain names; 24 (3) falsely represent the right to use five or more 25 Internet protocol addresses and intentionally initiate the 26 transmission of multiple commercial electronic mail messages 27 from the Internet protocol addresses; 28 (4) provide or select electronic mail addresses for the 29 purpose of sending a commercial mail message knowing that: 30 (i) the electronic mail addresses of the recipients 20030S0885B1713 - 8 -
1 were obtained using an automated means from an Internet 2 World Wide Web site or proprietary online service 3 operated by another person; and 4 (ii) the World Wide Web site or online service 5 included, at the time the addresses were obtained, a 6 notice stating that the operator of the World Wide Web 7 site or online service will not transfer addresses 8 maintained by the World Wide Web site or online service 9 to any other party for the purposes of initiating or 10 enabling others to initiate electronic mail messages; or 11 (5) provide or select electronic mail addresses of 12 recipients by using an automated means that generates 13 possible electronic mail addresses by combining names, 14 letters or numbers into numerous permutations. 15 (b) Covered mobile telephone messaging systems.--No person 16 may use a covered mobile telephone messaging system to transmit 17 [an unsolicited] a commercial electronic mail message. 18 (c) Do-not-e-mail list.--The Office of Attorney General <-- 19 shall establish and provide for the operation of a Statewide 20 database to compile a list of Commonwealth electronic mail 21 subscribers who object to receiving unsolicited electronic mail 22 before July 1, 2004. The Office of Attorney General shall 23 promulgate rules governing the establishment and administration 24 of the list necessary to carry out the provisions of this act. 25 (d) (C) Construction.--Nothing in the act shall be <-- 26 construed: 27 (1) to require a provider of Internet access service to 28 block, transmit, route, relay, handle or store certain types 29 of electronic mail messages; 30 (2) to prevent or limit, in any way, a provider of 20030S0885B1713 - 9 -
1 Internet access service from adopting a policy regarding 2 commercial or other electronic mail, including a policy of 3 declining to transmit certain types of electronic mail 4 messages, or from enforcing such policy through technical 5 means, through contract, or pursuant to any remedy available 6 under any other provision of Federal, State or local criminal 7 or civil law; or 8 (3) to render lawful any such policy that is unlawful 9 under any other provision of law. 10 Section 5. Violations. 11 (a) Other law.--[A] Except as provided under subsections (c) 12 and (d), a violation of this act shall constitute a violation of 13 the act of December 17, 1968 (P.L.1224, No.387), known as the 14 Unfair Trade Practices and Consumer Protection Law. 15 (b) Procedure.--All actions of the Office of Attorney 16 General under this act shall be taken subject to the right of 17 notice, hearing and adjudication and the right of appeal 18 therefrom in accordance with 2 Pa.C.S. (relating to 19 administrative law and procedure). 20 (c) High volume or revenue.--A person commits a felony of 21 the third degree when the person: 22 (1) transmits a commercial electronic mail message to 23 more than 10,000 attempted recipients in any consecutive 24- 24 hour period, 100,000 attempted recipients in any consecutive 25 30-day period or 1,000,000 attempted recipients in any 26 consecutive 12-month period; or 27 (2) generates more than $1,000 from transmission of a 28 commercial electronic mail message to a single recipient or 29 more than $50,000 from transmission of a commercial 30 electronic mail message to an electronic mail service. 20030S0885B1713 - 10 -
1 (d) Use of minors.--A person who knowingly hires, employs, 2 uses or permits any minor to assist in the transmission of 3 commercial electronic mail messages in violation of subsection 4 (c) commits a felony of the third degree. 5 (e) Exceptions.--An electronic mail service provider does 6 not violate this act if the electronic mail service provider: 7 (1) is an intermediary between the sender and the 8 recipient in the transmission of a commercial electronic mail 9 message that violates this act; or 10 (2) transmits a commercial electronic mail message that 11 violates this act. 12 Section 7. Remedies available to consumers. 13 (a) Cause of action.--A person whose property or person is 14 injured by reason of a violation of this act may bring an action 15 to recover any damages, including, but not limited to, lost 16 profits and reasonable attorney fees and court costs. 17 (b) Liquidated damages.-- 18 (1) An injured person, other than the electronic mail 19 service, may elect to recover, instead of actual damages, $10 20 for each commercial electronic mail message the person 21 received that was transmitted in violation of this act not to 22 exceed $25,000 per day if an injury under this act arises 23 from the transmission of a commercial electronic mail message 24 in contravention of the authority granted by or in violation 25 of the policies set by an electronic mail service and: 26 (i) the defendant has knowledge of the authority or 27 policies of the electronic mail service; and 28 (ii) the authority or policies of the electronic 29 mail service are available on the electronic mail 30 service's World Wide Web site. 20030S0885B1713 - 11 -
1 (2) No injured person shall have a cause of action 2 against an electronic mail service that: 3 (i) routinely conveys commercial electronic mail 4 messages over its computer network; and 5 (ii) establishes and implements, with due care, 6 commercially reasonable practices and procedures designed 7 to effectively prevent violations of this act. 8 (c) Electronic mail service provider cause of action.-- 9 (1) If the injury arises from the transmission of a 10 commercial electronic mail message in contravention of the 11 authority granted by or in violation of the policies 12 established by an electronic mail service and the defendant 13 had knowledge of the authority or policies of the electronic 14 mail service or where the authority or policies of the 15 electronic mail service are available on the electronic mail 16 service's World Wide Web site, an injured electronic mail 17 service may elect, in lieu of actual damages, to recover, 18 subject to adjustment under paragraph (2), $1 for each 19 intended recipient of a commercial electronic mail message 20 where the intended recipient is an end user of the electronic 21 mail service or $25,000 for each day an attempt is made to 22 transmit a commercial electronic mail message to an end user 23 of the electronic mail service. 24 (2) In calculating the amount of damages under this 25 subsection, the court may adjust the amount awarded as 26 necessary, but in doing so, shall take into account: 27 (i) The number of complaints to the electronic mail 28 service generated by the defendant's violation of the 29 act. 30 (ii) The defendant's degree of culpability. 20030S0885B1713 - 12 -
1 (iii) The defendant's prior history of such conduct. 2 (iv) The extent of the economic gain resulting from 3 the conduct. 4 (d) Other law.--Nothing in this act shall be construed to 5 limit the remedies available to consumers, the Attorney General 6 or any district attorney under the act of December 17, 1968 7 (P.L.1224, No.387), known as the Unfair Trade Practices and 8 Consumer Protection Law, or any other Federal or State law. 9 Section 3. The act is amended by adding sections to read: 10 Section 8.1. Confidentiality. 11 At the request of any party to an action brought pursuant to 12 this act, the court may, in its discretion, conduct all 13 proceedings in such manner as to protect the confidentiality and 14 security of the computer, computer network, computer data, 15 computer program and computer software involved in order to 16 prevent possible reoccurrence of the same or a similar act by 17 another person, to protect any trade secrets of a party and to 18 protect the privacy of nonparties who complain about violations 19 of this act. 20 Section 8.2. Period of limitations. 21 A civil action under this act must be commenced before the 22 earlier of: 23 (1) five years after the last act in the course of 24 conduct constituting a violation of this act; or 25 (2) two years after the plaintiff discovers or 26 reasonably should have discovered the last act in the course 27 of conduct constituting a violation of this act. 28 Section 8.3. Jurisdiction. 29 In an action alleging injury arising from the transmission of 30 a commercial electronic mail message, personal jurisdiction may 20030S0885B1713 - 13 -
1 be exercised pursuant to 42 Pa.C.S. §§ 5301 (relating to 2 persons) and 5322 (relating to bases of personal jurisdiction 3 over persons outside this Commonwealth). 4 Section 8.4. Forfeiture of property. 5 (a) General rule.--Upon a conviction for a violation of 6 section 5(c) or (d), the following shall be subject to 7 forfeiture to the Commonwealth and no property right shall exist 8 in them: 9 (1) All computers, computer data, computer software and 10 financial instruments used to commit the violation. 11 (2) All raw materials, products and equipment of any 12 kind that are used or intended for use in manufacturing, 13 compounding, processing, delivering, importing or exporting 14 any of the property listed in paragraph (1). 15 (3) All conveyances, including aircraft, vehicles or 16 vessels, that are used or are intended for use to transport 17 or in any manner facilitate the transportation, sale, 18 receipt, possession or concealment of property described in 19 paragraphs (1) or (2), except as follows: 20 (i) No conveyance used by any person as a common 21 carrier in the transaction of business as a common 22 carrier shall be forfeited under the provisions of this 23 section unless it shall appear that the owner or other 24 person in charge of such conveyance was a consenting 25 party or privy to a violation of section 5(c) or (d). 26 (ii) No conveyance shall be forfeited under the 27 provisions of this section by reason of any act or 28 omission established by the owner thereof to have been 29 committed or omitted without his knowledge or consent, 30 which absence of such knowledge or consent must be 20030S0885B1713 - 14 -
1 reasonable under the circumstances presented. 2 (iii) No bona fide security interest retained or 3 acquired under 13 Pa.C.S. (relating to commercial code) 4 by any merchant dealing in new or used aircraft, vehicles 5 or vessels, or retained or acquired by any licensed or 6 regulated finance company, bank or lending institution, 7 or by any other business regularly engaged in the 8 financing of or lending on the security of such aircraft, 9 vehicles or vessels, shall be subject to forfeiture or 10 impairment. 11 (4) All books, records and research, including formulas, 12 microfilm, tapes and data, that are used in violation of 13 section 5(c) or (d). 14 (5) All of the following: 15 (i) Financial instruments or other things of value 16 furnished or intended to be furnished by any person in 17 exchange for a property listed in paragraph (1) or (2), 18 and all proceeds traceable to such an exchange. 19 (ii) Financial instruments or other things of value 20 used or intended to be used to facilitate any violation 21 of section 5(c) or (d). 22 (iii) Real property used or intended to be used to 23 facilitate any violation of section 5(c) or (d), 24 including structures or other improvements thereon, and 25 including any right, title and interest in the whole or 26 any lot or tract of land and any appurtenances or 27 improvements, that are used or intended to be used in any 28 manner or part to commit or to facilitate the commission 29 of a violation of section 5(c) or (d) of this act and 30 things growing on, affixed to or found in the land, 20030S0885B1713 - 15 -
1 except as follows: 2 (A) No property shall be forfeited under this 3 paragraph to the extent of the interest of an owner 4 by reason of any act or omission established by the 5 owner to have been committed or omitted without the 6 knowledge or consent of that owner. 7 (B) No valid lien or encumbrances on real 8 property shall be subject to forfeiture or impairment 9 under this paragraph. A lien that is fraudulent or 10 intended to avoid forfeiture shall be invalid. 11 (b) Process and seizure.--Property subject to forfeiture 12 under this section may be seized by law enforcement upon process 13 issued by any court of common pleas having jurisdiction over the 14 property. Seizure without process may be made if: 15 (1) the seizure is incident to an arrest, a search under 16 a search warrant or inspection under an administrative 17 inspection warrant; 18 (2) the property subject to seizure has been the subject 19 of a prior judgment in favor of the Commonwealth in a 20 forfeiture proceeding under this act; 21 (3) there is probable cause to believe that the property 22 is dangerous to health or safety; or 23 (4) there is probable cause to believe that the property 24 has been used or is intended to be used in violation of 25 section 5(c) or (d). 26 (c) Seizure without process.--In the event seizure without 27 process occurs, as provided in subsection (b), proceedings for 28 the issuance of process shall be instituted forthwith. 29 (d) Custody of property.--Property taken or detained under 30 this section shall not be subject to replevin but is deemed to 20030S0885B1713 - 16 -
1 be in the custody of the law enforcement authority subject only 2 to the orders and decrees of the court of common pleas having 3 jurisdiction over the forfeiture proceedings and the district 4 attorney or Attorney General. When property is seized under this 5 act, the law enforcement authority shall place the property 6 under seal and either: 7 (1) remove the property to a place designated by it; or 8 (2) require that the district attorney or Attorney 9 General take custody of the property and remove it to an 10 appropriate location for disposition in accordance with law. 11 (e) Use of property held in custody.--Property forfeited 12 under this act shall be transferred to the custody of the 13 district attorney if the law enforcement authority seizing the 14 property has local or county jurisdiction or the Attorney 15 General if the law enforcement authority seizing the property 16 has Statewide jurisdiction. The district attorney or the 17 Attorney General, where appropriate, may: 18 (1) Retain the property for official use. 19 (2) Sell any forfeited property that is not required to 20 be destroyed by law and is not harmful to the public, but the 21 proceeds from any sale shall be used to pay all proper 22 expenses of the proceedings for forfeiture and sale, 23 including expenses of seizure, custody, advertising and court 24 costs. The balance of the proceeds shall be dealt with in 25 accordance with subsections (f) and (g). 26 (f) Use of cash or proceeds of property.--Cash or proceeds 27 of forfeited property transferred to the custody of the district 28 attorney pursuant to subsection (e) shall be placed in the 29 operating fund of the county in which the district attorney is 30 elected. The appropriate county authority shall immediately 20030S0885B1713 - 17 -
1 release from the operating fund, without restriction, a like 2 amount for the use of the district attorney enforcing the 3 provisions of this act. The entity having budgetary control 4 shall not anticipate future forfeitures or proceeds therefrom in 5 adoption and approval of the budget for the district attorney. 6 (g) Distribution of property among law enforcement 7 authorities.--If both municipal and State law enforcement 8 authorities were substantially involved in effecting the 9 seizure, the court having jurisdiction over the forfeiture 10 proceedings shall equitably distribute the property between the 11 district attorney and the Attorney General. 12 (h) Authorization to utilize property.--The district 13 attorney and the Attorney General shall utilize forfeited 14 property or the proceeds thereof for the purpose of enforcing 15 the provisions of this act. In appropriate cases, the district 16 attorney and the Attorney General may designate proceeds from 17 forfeited property to be utilized by community-based crime- 18 fighting programs and for relocation and protection of witnesses 19 in criminal cases. 20 (i) Annual audit of forfeited property.--It shall be the 21 responsibility of every county in this Commonwealth to provide, 22 through the controller, board of auditors or other appropriate 23 auditor and the district attorney, an annual audit of all 24 forfeited property and proceeds obtained under this section and 25 the disposition thereof. The audit shall not be made public but 26 shall be submitted to the Office of Attorney General by 27 September 30 of each year. 28 (j) Annual report; confidential information regarding 29 property.--The Attorney General shall annually submit a report 30 to the Appropriations Committee and the Judiciary Committee of 20030S0885B1713 - 18 -
1 the Senate and the Appropriations Committee and the Judiciary 2 Committee of the House of Representatives, specifying the 3 forfeited property or proceeds thereof obtained under this 4 section. The report shall provide an accounting of all proceeds 5 derived from the sale of forfeited property and the use made of 6 unsold forfeited property. The Attorney General shall adopt the 7 procedures and guidelines governing the release of information 8 by the district attorney to protect the confidentiality of 9 forfeited property or proceeds used in ongoing enforcement 10 activities. 11 (k) Proceeds and appropriations.--The proceeds or future 12 proceeds from forfeited property under this section shall be in 13 addition to any appropriation made to the Office of Attorney 14 General. 15 Section 4. This act shall take effect in 180 days. G9L12JLW/20030S0885B1713 - 19 -