Bill Text: NY A04938 | 2011-2012 | General Assembly | Introduced
Bill Title: Authorizes the seizure of vehicles of drivers patronizing prostitution from such vehicles and provides that such vehicles shall be delivered to the district attorney of the county where such seizure was made except in the cities of New York, Yonkers and Buffalo where such vehicles shall be delivered to the custody of the police department of such cities.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2011-04-20 - enacting clause stricken [A04938 Detail]
Download: New_York-2011-A04938-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 4938 2011-2012 Regular Sessions I N A S S E M B L Y February 9, 2011 ___________ Introduced by M. of A. MAYERSOHN -- Multi-Sponsored by -- M. of A. CLARK, HOYT, SWEENEY -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to authorizing the seizure of vehicles of drivers patronizing prostitution therefrom THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding a new article 416 to 2 read as follows: 3 ARTICLE 416 4 SEIZURE AND FORFEITURE OF VEHICLES USED TO PATRONIZE PROSTITUTION 5 SECTION 416.00 SEIZURE AND FORFEITURE OF VEHICLES USED TO PATRONIZE 6 PROSTITUTION. 7 S 416.00 SEIZURE AND FORFEITURE OF VEHICLES USED TO PATRONIZE PROSTITU- 8 TION. 9 1. IT SHALL BE UNLAWFUL FOR THE DRIVER OF ANY VEHICLE TO PATRONIZE A 10 PROSTITUTE THEREFROM IN VIOLATION OF SECTION 230.04, 230.05 OR 230.06 OF 11 THIS CHAPTER. ANY SUCH VEHICLE BEING USED IN VIOLATION OF THIS SUBDIVI- 12 SION SHALL BE SEIZED BY ANY PEACE OFFICER ACTING PURSUANT TO HIS OR HER 13 SPECIAL DUTIES, OR POLICE OFFICER AND FORFEITED PURSUANT TO THE 14 PROVISIONS OF THIS SECTION. 15 2. THE SEIZED PROPERTY SHALL BE DELIVERED BY THE POLICE OFFICER OR 16 PEACE OFFICER HAVING MADE THE SEIZURE TO THE CUSTODY OF THE DISTRICT 17 ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE WAS MADE, EXCEPT THAT IN THE 18 CITIES OF NEW YORK, YONKERS AND BUFFALO, THE SEIZED PROPERTY SHALL BE 19 DELIVERED TO THE CUSTODY OF THE POLICE DEPARTMENT OF SUCH CITIES, 20 TOGETHER WITH A REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE 21 SEIZURE. 22 3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN 23 THE SEIZURE IS MADE, IF ELSEWHERE THAN IN THE CITY OF NEW YORK, YONKERS 24 OR BUFFALO, AND WHERE THE SEIZURE IS MADE IN EITHER SUCH CITY IT SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08584-01-1 A. 4938 2 1 BE THE DUTY OF THE CORPORATION COUNSEL OF THE CITY, TO INQUIRE INTO THE 2 FACTS OF THE SEIZURE SO REPORTED TO HIM OR HER AND IF IT APPEARS PROBA- 3 BLE THAT A FORFEITURE HAS BEEN INCURRED BY REASON OF A VIOLATION OF THIS 4 SECTION, FOR THE DETERMINATION OF WHICH THE INSTITUTION OF PROCEEDINGS 5 IN THE SUPREME COURT IS NECESSARY, TO CAUSE THE PROPER PROCEEDINGS TO BE 6 COMMENCED AND PROSECUTED, AT ANY TIME AFTER THIRTY DAYS FROM THE DATE OF 7 SEIZURE, TO DECLARE SUCH FORFEITURE, UNLESS, UPON INQUIRY AND EXAMINA- 8 TION, SUCH DISTRICT ATTORNEY OR CORPORATION COUNSEL DECIDES THAT SUCH 9 PROCEEDINGS CAN NOT PROBABLY BE SUSTAINED OR THAT THE ENDS OF PUBLIC 10 JUSTICE DO NOT REQUIRE THAT THEY SHOULD BE INSTITUTED OR PROSECUTED, IN 11 WHICH CASE, THE DISTRICT ATTORNEY OR CORPORATION COUNSEL SHALL CAUSE 12 SUCH SEIZED PROPERTY TO BE RETURNED TO THE OWNER THEREOF. 13 4. NOTICE OF THE INSTITUTION OF THE FORFEITURE PROCEEDING SHALL BE 14 SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE SEIZED PROPERTY, OR 15 (B) BY REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICA- 16 TION OF THE NOTICE ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER 17 PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE. 18 5. FORFEITURE SHALL NOT BE ADJUDGED WHERE THE OWNERS ESTABLISH BY 19 PREPONDERANCE OF THE EVIDENCE THAT (A) THE USE OF SUCH SEIZED PROPERTY, 20 IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, WAS NOT INTENTIONAL ON 21 THE PART OF ANY OWNER, OR (B) SAID SEIZED PROPERTY WAS USED IN VIOLATION 22 OF SUBDIVISION ONE OF THIS SECTION BY ANY PERSON OTHER THAN AN OWNER 23 THEREOF, WHILE SUCH SEIZED PROPERTY WAS UNLAWFULLY IN THE POSSESSION OF 24 A PERSON WHO ACQUIRED POSSESSION THEREOF IN VIOLATION OF THE CRIMINAL 25 LAWS OF THE UNITED STATES, OR OF ANY STATE. 26 6. THE DISTRICT ATTORNEY OR THE POLICE DEPARTMENT HAVING CUSTODY OF 27 THE SEIZED PROPERTY, AFTER SUCH JUDICIAL DETERMINATION OF FORFEITURE, 28 SHALL, AT THEIR DISCRETION, EITHER RETAIN SUCH SEIZED PROPERTY FOR THE 29 OFFICIAL USE OF THEIR OFFICE OR DEPARTMENT, OR, BY A PUBLIC NOTICE OF AT 30 LEAST FIVE DAYS, SELL SUCH FORFEITED PROPERTY AT PUBLIC SALE. THE NET 31 PROCEEDS OF ANY SUCH SALE, AFTER DEDUCTION OF THE LAWFUL EXPENSES 32 INCURRED, SHALL BE PAID INTO THE GENERAL FUND OF THE COUNTY WHEREIN THE 33 SEIZURE WAS MADE EXCEPT THAT THE NET PROCEEDS OF THE SALE OF PROPERTY 34 SEIZED IN THE CITIES OF NEW YORK, YONKERS AND BUFFALO SHALL BE PAID INTO 35 THE RESPECTIVE GENERAL FUNDS OF SUCH CITIES. 36 7. WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED AND 37 DECLARED FORFEITED UNDER THE PROVISIONS OF THIS SECTION FILES WITH A 38 JUSTICE OF THE SUPREME COURT A PETITION FOR THE RECOVERY OF SUCH 39 FORFEITED PROPERTY, THE JUSTICE OF THE SUPREME COURT MAY RESTORE SAID 40 FORFEITED PROPERTY UPON SUCH TERMS AND CONDITIONS AS HE DEEMS REASONABLE 41 AND JUST, IF THE PETITIONER ESTABLISHES EITHER OF THE AFFIRMATIVE 42 DEFENSES SET FORTH IN SUBDIVISION FIVE OF THIS SECTION AND THAT THE 43 PETITIONER WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE OF THE FORFEITURE 44 PROCEEDING. IF THE PETITION BE FILED AFTER THE SALE OF THE FORFEITED 45 PROPERTY, ANY JUDGMENT IN FAVOR OF THE PETITIONER SHALL BE LIMITED TO 46 THE NET PROCEEDS OF SUCH SALE AFTER DEDUCTION OF THE LAWFUL EXPENSES AND 47 COSTS INCURRED BY THE DISTRICT ATTORNEY, POLICE DEPARTMENT OR CORPO- 48 RATION COUNSEL. 49 8. NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE 50 INSTITUTED UNLESS SUCH SUIT OR ACTION IS COMMENCED WITHIN TWO YEARS 51 AFTER THE TIME WHEN THE PROPERTY WAS SEIZED. 52 S 2. This act shall take effect on the first of November next succeed- 53 ing the date on which it shall have become a law.