Bill Text: NY S04299 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes claiming authorities or agents to retain electronic, telecommunications or surveillance equipment or devices, computers, or office equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S04299 Detail]

Download: New_York-2017-S04299-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4299
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 8, 2017
                                       ___________
        Introduced by Sens. CARLUCCI, KLEIN, GALLIVAN, MARCHIONE, SAVINO -- read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Codes
        AN ACT to amend the civil practice law and rules, in relation to author-
          izing a  claiming  authority  to  retain  personal  property  for  law
          enforcement purposes
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The opening paragraph of subdivision 2 of section  1349  of
     2  the civil practice law and rules, as added by chapter 655 of the laws of
     3  1990, is amended to read as follows:
     4    If any other provision of law expressly governs the manner of disposi-
     5  tion  of  property  subject to the judgment or order of forfeiture, that
     6  provision of law shall be controlling.  Upon application by  a  claiming
     7  agent  for reimbursement of moneys directly expended by a claiming agent
     8  in the underlying criminal investigation for the purchase of  contraband
     9  which  were  converted  into  a non-monetary form or which have not been
    10  otherwise recovered, the court  shall  direct  such  reimbursement  from
    11  money forfeited pursuant to this article. Upon application of the claim-
    12  ing  agent,  the  court  may  direct  that  any  vehicles, vessels [or],
    13  aircraft, electronic, telecommunications or  surveillance  equipment  or
    14  devices,  computers  as  defined in subdivision one of section 156.00 of
    15  the penal law or office equipment forfeited pursuant to this article  be
    16  retained  by the claiming agent for law enforcement purposes, unless the
    17  court determines that such property is subject to a perfected  lien,  in
    18  which case the court may not direct that the property be retained unless
    19  all  such  liens  on  the property to be retained have been satisfied or
    20  pursuant to the court's order will be satisfied. In the  absence  of  an
    21  application  by  the claiming agent, the claiming authority may apply to
    22  the court to retain such property for  law  enforcement  purposes.  Upon
    23  such application, the court may direct that such property be retained by
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02973-01-7
        S. 4299                             2
     1  the  claiming  authority  for law enforcement purposes, unless the court
     2  determines that such property is subject to a perfected lien. If not  so
     3  retained,  the  judgment or order shall direct the claiming authority to
     4  sell  the property in accordance with article fifty-one of this chapter,
     5  and that the proceeds of such sale and any other moneys  realized  as  a
     6  consequence  of  any forfeiture pursuant to this article shall be appor-
     7  tioned and paid in the following descending order of priority:
     8    § 2. This act shall take effect on the thirtieth day  after  it  shall
     9  have  become a law and shall apply to forfeiture actions commenced on or
    10  after such date.