Bill Text: NY A04970 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to asset forfeiture.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A04970 Detail]

Download: New_York-2021-A04970-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4970

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2021
                                       ___________

        Introduced  by M. of A. PEOPLES-STOKES, CYMBROWITZ, GOTTFRIED, CAHILL --
          read once and referred to the Committee on Codes

        AN ACT to amend the civil practice law and rules, in relation  to  asset
          forfeiture

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (e), (f) and (g) of  subdivision  2  of  section
     2  1349  of  the  civil  practice  law and rules, paragraphs (e) and (f) as
     3  added by chapter 655 of the laws of 1990 and paragraph (g) as amended by
     4  chapter 398 of the laws of 2004, are amended to read as follows:
     5    (e) [In addition to amounts, if any, distributed pursuant to paragraph
     6  (d) of this subdivision, fifteen percent of all moneys realized  through
     7  forfeiture to the claiming authority in satisfaction of actual costs and
     8  expenses  incurred  in  the investigation, preparation and litigation of
     9  the forfeiture action, including that proportion of the salaries of  the
    10  attorneys,  clerical  and  investigative personnel devoted thereto, plus
    11  all costs and disbursements taxable under the provisions of  this  chap-
    12  ter]  Forty  percent of all moneys realized through forfeiture which are
    13  remaining, if  any,  after  distributions  pursuant  to  paragraphs  (a)
    14  through (d) of this subdivision, to the chemical dependence service fund
    15  established pursuant to section ninety-seven-w of the state finance law;
    16    (f) [In addition to amounts, if any, distributed pursuant to paragraph
    17  (d)  of  this  subdivision,  five percent of all moneys realized through
    18  forfeiture] Fifteen percent of all moneys  realized  through  forfeiture
    19  which  are remaining, if any, after distributions pursuant to paragraphs
    20  (a) through (e) of this subdivision to the claiming  [agent]  authority,
    21  in  addition  to  the amounts, if any, distributed pursuant to paragraph
    22  (d) of this subdivision, in satisfaction of actual costs  [incurred  for
    23  protecting,  maintaining  and  forfeiting  the  property]  and  expenses
    24  incurred in the investigation, preparation and litigation of the forfei-
    25  ture action, including that proportion of the salaries of the attorneys,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09036-01-1
        A. 4970                             2

     1  clerical and investigative personnel devoted thereto, plus all costs and
     2  disbursements taxable under the provisions of this chapter;
     3    (g) [Forty percent of all moneys realized through forfeiture which are
     4  remaining  after distributions pursuant to paragraphs (a) through (f) of
     5  this subdivision, to the chemical dependence  service  fund  established
     6  pursuant  to  section  ninety-seven-w  of  the  state  finance law] Five
     7  percent of all moneys realized through forfeiture which  are  remaining,
     8  if  any,  after  distributions pursuant to paragraphs (a) through (e) of
     9  this subdivision to the claiming agent, in addition to the  amounts,  if
    10  any,  distributed  pursuant  to  paragraph  (d)  of this subdivision, in
    11  satisfaction of actual costs incurred for  protecting,  maintaining  and
    12  forfeiting  the  property  including  that proportion of the salaries of
    13  attorneys, clerical and investigative personnel devoted thereto;
    14    § 2. This act shall take effect immediately.