Bill Text: NY S03660 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items so that the items cannot be mistaken for the authentic items.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2012-01-04 - REFERRED TO CODES [S03660 Detail]

Download: New_York-2011-S03660-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3660
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 1, 2011
                                      ___________
       Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Codes
       AN ACT to amend the penal law, in relation to  authorizing  distribution
         of seized counterfeit goods to the needy after permanent alteration of
         the items
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 165.74 of the penal law, as amended by chapter  535
    2  of the laws of 1995, is amended to read as follows:
    3  S 165.74 Seizure  and  destruction  of  goods bearing counterfeit trade-
    4             marks.
    5    Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
    6  produced  in violation of this article may be seized by any police offi-
    7  cer. The magistrate must, within forty-eight hours after arraignment  of
    8  the  defendant,  determine whether probable cause exists to believe that
    9  the goods had been manufactured, sold, offered for sale, distributed  or
   10  produced  in violation of this article, and upon a finding that probable
   11  cause exists to believe that the  goods  had  been  manufactured,  sold,
   12  offered for sale, distributed, or produced in violation of this article,
   13  the court shall authorize such articles to be retained as evidence pend-
   14  ing  the  trial of the defendant.  Upon conviction of the defendant, the
   15  articles in respect whereof the  defendant  stands  convicted  shall  be
   16  destroyed.   Destruction shall not include auction, sale or distribution
   17  of the items in their original form BUT MAY INCLUDE  DISTRIBUTION  TO  A
   18  CHARITABLE  ORGANIZATION  FOR  FREE DISTRIBUTION TO THE NEEDY ONCE THERE
   19  HAS BEEN PERMANENT ALTERATION OF  THE  ITEMS  SO  THAT  THEY  CANNOT  BE
   20  MISTAKEN  FOR  THE  AUTHENTIC  ITEMS  BY  EITHER THE GENERAL PUBLIC OR A
   21  RETAIL MERCHANT.
   22    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09412-01-1