Pennsylvania Consolidated Statutes
42 Pa. Cons. Stat. § 5801 (2026)
Scope of chapter.
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CHAPTER 58
FORFEITURE OF ASSETS
Sec.
5801. Scope of chapter.
5802. Controlled substances forfeiture.
5803. Asset forfeiture.
5804. (Reserved).
5805. Forfeiture procedure.
5806. Motion for return of property.
5806.1. (Reserved).
5806.2. (Reserved).
5807. Restrictions on use.
5807.1. Prohibition on adoptive seizures.
5807.2. Federal reporting requirements.
5808. Exceptions.
Enactment. Chapter 58 was added June 29, 2017, P.L.247, No.13, effective July 1, 2017.
§ 5801. Scope of chapter.
This chapter relates to asset forfeiture.
Notes of Decisions
Cited in 6
cases, 1987–2020 · leading case: Commonwealth v. Irland, J (Semi-Auto Pistol), 193 A.3d 370 (Pa. 2018).
Commonwealth v. Irland, J (Semi-Auto Pistol), 193 A.3d 370 (Pa. 2018). “13 (as codified 42 Pa.C.S. §§ 5801 - 5808 ), there was no expressed intent to make it the exclusive means of forfeiture or to displace other preexisting means.”
Com. v. $301,360.00 U.S. Currency & One 2011 Lexus RX350, 182 A.3d 1091 (Pa. Commw. Ct. 2018). “The Forfeiture Act is now codified at 42 Pa. C.S. §§ 5801 -5808. However, the prior statute remains applicable in this appeal and is referenced herein as the Forfeiture Act.”
Comwlth of PA v. M.A. Green, No. 1664 C.D. 2017 (Pa. Commw. Ct. Dec. 6, 2018). “The Forfeiture Act is now codified at 42 Pa.C.S. §§ 5801 -5808. 8 Currency, 634 A.”
OAG & PSP v. J.O. Edmundson, Jr., No. 805 C.D. 2019 (Pa. Commw. Ct. Nov. 26, 2019). “42 Pa.C.S. § 5801(j). The Commonwealth has the initial burden “to establish in the forfeiture petition that the property is subject to forfeiture.”
Com. of PA v. 2012 Mazda 323 Sedan ~ Appeal of: I. Swiatek, 229 A.3d 54 (Pa. Commw. Ct. 2020). “The current Forfeiture Act is codified at sections 5801 through 5808 of the Judicial Code, 42 Pa.C.S. §§5801- 5808. Because the Commonwealth filed its forfeiture petition prior to the effective date of the current Forfeiture Act, we apply the provisions of the Former Forfeiture…”
Huda v. Kirk, 44 Pa. D. & C.3d 624 (Pa. Ct. Com. Pl. 1987). “42 Pa.C.S. §5801 provides in pertinent part: “§8501 Definitions The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section: ‘commonwealth party.”
42 Pa. Cons. Stat. § 5801(j): 1 case
OAG & PSP v. J.O. Edmundson, Jr., No. 805 C.D. 2019 (Pa. Commw. Ct. Nov. 26, 2019). “42 Pa.C.S. § 5801(j). The Commonwealth has the initial burden “to establish in the forfeiture petition that the property is subject to forfeiture.”
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