Bill Text: NY A05973 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the creation of a database for property seized by law enforcement agencies.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A05973 Detail]
Download: New_York-2023-A05973-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5973 2023-2024 Regular Sessions IN ASSEMBLY March 24, 2023 ___________ Introduced by M. of A. SHIMSKY -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to the creation of a database for property seized by certain law enforcement agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 845-e 2 to read as follows: 3 § 845-e. Central state database for property seized by law enforcement 4 agencies. 1. The division shall collect information to maintain, on a 5 current basis, a database of all property seized, obtained, or otherwise 6 held by all law enforcement agencies that have the authority to confis- 7 cate property during the course of an investigation. Such database 8 shall include: 9 (a) The dollar amount of U.S. currency that has become property 10 retained by a law enforcement agency after a settlement agreement 11 entered into between the agency and claimants for such currency; 12 (b) The dollar amount of U.S. currency returned by a law enforcement 13 agency to the claimant following a dismissal, judgment, or settlement in 14 a civil forfeiture proceeding pursuant to section thirteen hundred elev- 15 en of the civil practice law and rules; 16 (c) The number of registered motor vehicles that have become property 17 retained by a law enforcement agency after a settlement or judgment in a 18 civil forfeiture proceeding pursuant to section thirteen hundred eleven 19 of the civil practice law and rules; 20 (d) The revenue generated by liquidation of registered motor vehicles 21 that have become retained property, the number of such vehicles liqui- 22 dated and the entity contracted to liquidate such vehicles on behalf of 23 the law enforcement agency; 24 (e) The revenue generated by liquidation of retained property, other 25 than registered motor vehicles and U.S. currency, and the entity EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09671-01-3A. 5973 2 1 contracted to liquidate such property on behalf of a law enforcement 2 agency; and 3 (f) The amount of U.S. currency obtained by a law enforcement agency 4 through disbursement pursuant to federal and/or state forfeiture laws. 5 2. Each head of a state or local law enforcement agency shall transmit 6 to the division, no later than January fifteenth annually, and in a form 7 and manner prescribed by the division, an itemized report containing the 8 property obtained by such law enforcement agency. Such report shall 9 contain: 10 (a) The total amount of seized property in the form of U.S. currency, 11 disaggregated by: 12 (i) The dollar amount of such U.S. currency classified and held for 13 safekeeping, noting the dollar amount returned to claimants; 14 (ii) The dollar amount of such U.S. currency classified and held as 15 arrest evidence, noting the dollar amount returned to claimants; 16 (iii) The dollar amount of such U.S. currency held for forfeiture, 17 noting the dollar amount returned to claimants; 18 (iv) The dollar amount of such U.S. currency held as investigatory 19 evidence, noting the dollar amount returned to claimants; 20 (v) The dollar amount of such U.S. currency that has become property 21 retained by the law enforcement agency after a settlement agreement 22 entered into between the law enforcement agency and claimants for such 23 currency; 24 (vi) The dollar amount of such U.S. currency that has become property 25 retained by the law enforcement agency after a judgment in a civil 26 forfeiture proceeding; 27 (vii) The dollar amount of such U.S. currency returned by the law 28 enforcement agency to the claimant following a dismissal, judgment, or 29 settlement in a civil forfeiture proceeding pursuant to section thirteen 30 hundred eleven of the civil practice law and rules; and 31 (viii) The dollar amount of such currency that has become retained 32 property because no person retrieved such currency. 33 (b) The total number of seized property items in the form of regis- 34 tered motor vehicles, disaggregated by: 35 (i) The number of such vehicles classified and held for safekeeping 36 and the number of such vehicles returned to claimants; 37 (ii) The number of such vehicles classified and held as arrest 38 evidence and the number of such vehicles returned to claimants; 39 (iii) The number of such vehicles classified and held for forfeiture 40 and the number of such vehicles returned to claimants; 41 (iv) The number of such vehicles classified and held as investigatory 42 evidence and the number of such vehicles returned to claimants; 43 (v) The number of such vehicles that have become property retained by 44 the law enforcement agency after a settlement or judgment in a civil 45 forfeiture proceeding; 46 (vi) The number of such vehicles that have become property retained by 47 the law enforcement agency because no person retrieved such vehicle 48 within the applicable legal period; 49 (vii) The revenue generated by liquidation of such vehicles that have 50 become retained property, the number of such vehicles liquidated and the 51 entity contracted to liquidate such vehicles on behalf of the law 52 enforcement agency; and 53 (viii) The number of such vehicles that were returned by the law 54 enforcement agency to vehicle claimants following a dismissal, judgment, 55 or settlement in a civil forfeiture proceeding pursuant to section thir- 56 teen hundred eleven of the civil practice law and rules.A. 5973 3 1 (c) The number of the following other items of seized property: 2 (i) Cellular telephones; 3 (ii) Clothing items; 4 (iii) Wallets; 5 (iv) Sets of keys; 6 (v) Identification documents; and 7 (vi) Non-perishable peddler property items. 8 3. The division shall post on the division's website on an annual 9 basis, no later than September first of each year, a report providing 10 the data on seized property and retained property pursuant to this 11 section for the preceding calendar year, which shall include the infor- 12 mation provided by law enforcement agencies pursuant to subdivision two 13 of this section. 14 4. Upon the failure or refusal to comply with the requirements of 15 subdivision two of this section, the division may apply to the supreme 16 court for an order directed to the person responsible for requiring 17 compliance. Upon such application the court may issue an order requiring 18 compliance, and a failure to comply with such order shall be a contempt 19 of court and punishable as such. 20 § 2. This act shall take effect immediately.
