Bill Text: NY A06733 | 2009-2010 | General Assembly | Introduced

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Bill Title: Authorizes claiming authorities or agents to retain electronic equipment or devices and surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement officials after forfeiture.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A06733 Detail]

Download: New_York-2009-A06733-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6733
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 11, 2009
                                      ___________
       Introduced  by  M.  of  A.  SKARTADOS  --  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  electronic  equipment  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, ELECTRONIC EQUIPMENT
   13  OR DEVICES, SURVEILLANCE EQUIPMENT, vessels or aircraft forfeited pursu-
   14  ant to this article be retained by the claiming agent for  law  enforce-
   15  ment purposes, unless the court determines that such property is subject
   16  to  a  perfected  lien,  in which case the court may not direct that the
   17  property be retained unless  all  such  liens  on  the  property  to  be
   18  retained  have  been  satisfied or pursuant to the court's order will be
   19  satisfied. In the absence of an application by the claiming  agent,  the
   20  claiming  authority  may  apply to the court to retain such property for
   21  law enforcement purposes. Upon such application, the  court  may  direct
   22  that  such  property  be  retained  by  the  claiming  authority for law
   23  enforcement purposes, unless the court determines that such property  is
   24  subject  to  a perfected lien. If not so retained, the judgment or order
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05218-01-9
       A. 6733                             2
    1  shall direct the claiming authority to sell the property  in  accordance
    2  with  article  fifty-one  of this chapter, and that the proceeds of such
    3  sale and any other moneys realized as a consequence  of  any  forfeiture
    4  pursuant  to this article shall be apportioned and paid in the following
    5  descending order of priority:
    6    S 2. This act shall take effect immediately.