How HB 2752 changes current law

An Act amending Title 18 (Crimes and Offenses) of the Pennsylvania Consolidated Statutes, in human trafficking, further providing for asset forfeiture. · Pennsylvania

How this bill changes current law

3 changes

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This bill modifies asset forfeiture laws related to human trafficking in Pennsylvania by enforcing mandatory forfeiture upon conviction and prioritizing restitution payments.

  • Section 3021

    Mandatory forfeiture.--In addition to property subject to forfeiture under subsection (a), if a person is convicted of a violation of this chapter, the court, in imposing sentence, shall order the person to forfeit to the Commonwealth the person's interest in any of the following: Real or personal property that was involved in, used or intended to be used to commit or facilitate the commission of the violation and property traceable to the property. Real or personal property that constitutes or is derived from proceeds that the person obtained, directly or indirectly, as a result of the violation and property traceable to the property.

    This adds a mandatory forfeiture requirement for properties involved in or derived from violations of human trafficking laws.

  • Section 3021(d)

    The balance of the proceeds shall be distributed under [subsection (m)] subsections (m) and (m.1). → The balance of the proceeds shall be distributed under subsections (m) and (m.1).

    This change clarifies the process for distributing forfeiture proceeds by removing a redundant part of the text.

  • Section 3021(m)

    Restitution priority.-- (1) The Attorney General or district attorney, where appropriate, shall transfer money, property or proceeds forfeited under this section to satisfy an order of restitution arising from a violation of this chapter. (2) A transfer under paragraph (1) shall have priority over a distribution under subsection (m) to a law enforcement agency, the office of the prosecuting attorney or the commission. (3) A transfer under this subsection shall not reduce or otherwise mitigate the obligation of a person convicted of a violation of this chapter to satisfy the full amount of an order of restitution through nonforfeited assets.

    This introduces a new subsection that prioritizes restitution payments over other distributions of forfeited proceeds.

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View the full bill Permalink: https://www.oneclickpolitics.com/bills/1425493-hb-2752/current-law