Bill Text: NY A10900 | 2009-2010 | General Assembly | Introduced

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Bill Title: Allows counties in the state to be more effective in closing stores that deal in obscene material by providing for the forfeiture of the obscene materials after conviction of any misdemeanor or felony detailed in article 235 of the penal law relating to obscenity.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-29 - referred to codes [A10900 Detail]

Download: New_York-2009-A10900-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10900
                                 I N  A S S E M B L Y
                                    April 29, 2010
                                      ___________
       Introduced  by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH
         -- read once and referred to the Committee on Codes
       AN ACT to amend the civil practice law and rules, in relation to extend-
         ing forfeiture provisions to crimes of obscenity
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 1310 of the civil practice law and
    2  rules,  as  added by chapter 669 of the laws of 1984, is amended to read
    3  as follows:
    4    5. "Post-conviction forfeiture crime" means ANY MISDEMEANOR OR  FELONY
    5  DEFINED IN ARTICLE TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW OR any felo-
    6  ny  defined in ANY OTHER PROVISION OF the penal law or any other chapter
    7  of the consolidated laws of the state.
    8    S 2. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
    9  tice law and rules, as added by chapter 669 of  the  laws  of  1984,  is
   10  amended to read as follows:
   11    (a)  Actions  relating to post-conviction forfeiture crimes. An action
   12  relating to a post-conviction forfeiture crime must be grounded  upon  a
   13  conviction  of  a  MISDEMEANOR  OR felony defined in subdivision five of
   14  section one thousand three hundred ten of this article, or upon criminal
   15  activity arising from a common scheme or plan of which such a conviction
   16  is a part, or upon a count of an indictment or information alleging SUCH
   17  a MISDEMEANOR OR felony which was dismissed at the time  of  a  plea  of
   18  guilty to a MISDEMEANOR OR felony in satisfaction of such count. A court
   19  may not grant forfeiture until such conviction has occurred. However, an
   20  action  may  be  commenced,  and  a court may grant a provisional remedy
   21  provided under this article, prior to such conviction  having  occurred.
   22  An action under this paragraph must be dismissed at any time after sixty
   23  days  of the commencement of the action unless the conviction upon which
   24  the action is grounded has occurred, or  an  indictment  or  information
   25  upon  which the asserted conviction is to be based is pending in a supe-
   26  rior court. An action under this paragraph shall be  stayed  during  the
   27  pendency of a criminal action which is related to it; provided, however,
   28  that  such  stay  shall  not  prevent the granting or continuance of any
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15880-01-0
       A. 10900                            2
    1  provisional remedy provided under this article or any  other  provisions
    2  of law.
    3    S  3.  This  act  shall take effect on the sixtieth day after it shall
    4  have become a law.