PENNSYLVANIA, January 25 - (c) Allocation and appropriation.--

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(4) The fee under subsection (a)(4) shall be collected

and paid in accordance with section 3572 (relating to county

portion of fines, etc.) and used in accordance with section

5806.3 (relating to legal representation in forfeiture

proceedings).

Section 2. Title 42 is amended by adding a section to read:

§ 5806.3. Legal representation in forfeiture proceedings.

Notwithstanding the act of December 2, 1968 (P.L.1144,

No.358), known as the Public Defender Act, the following shall

apply:

(1) If a person with standing files a claim to contest

the forfeiture of property in a forfeiture proceeding under

this chapter and is financially unable to obtain legal

representation by an attorney and the property subject to

forfeiture is real property, the court of common pleas having

jurisdiction over the property, at the request of the person,

shal l provide the person with an attorney for the purpose of

providing legal representation with respect to the claim.

(2) If a person with standing who has not been charged

in a related criminal case files a claim to contest the

forfeiture of property in a forfeiture proceeding under this

chapter and is financially unable to obtain legal

representation by an attorney, the court of common pleas

having jurisdiction may provide the person with an attorney

for the purpose of providing legal representation with

respect to the claim.

(3) In determining whether to provide legal

representation under this section, the court of common pleas

20210SB0097PN0076 - 2 -

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