Bill Text: NY A00835 | 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: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A00835 Detail]

Download: New_York-2017-A00835-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           835
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     January 9, 2017
                                       ___________
        Introduced  by  M. of A. GUNTHER, SKARTADOS, HOOPER, MONTESANO -- Multi-
          Sponsored by -- M. of A. RIVERA --  read  once  and  referred  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
        A. 835                              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.