Bill Text: NY A10403 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to the disposal of property upon a judgment or order of forfeiture; requires a percentage of money from such disposal of property to be deposited into a subaccount of the general fund to be used for law enforcement diversion purposes.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Passed) 2018-08-24 - signed chap.206 [A10403 Detail]

Download: New_York-2017-A10403-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          10403
                   IN ASSEMBLY
                                     April 19, 2018
                                       ___________
        Introduced  by  M. of A. FAHY, McDONALD -- read once and referred to the
          Committee on Codes
        AN ACT to amend the civil practice law and rules and the  state  finance
          law,  in relation to the disposal of property upon a judgment or order
          of forfeiture
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subparagraph  (i)  of  paragraph  (h) of subdivision 2 of
     2  section 1349 of the civil practice law and rules, as  added  by  chapter
     3  655 of the laws of 1990, is amended to read as follows:
     4    (i)  seventy-five  percent  of such moneys shall be deposited to a law
     5  enforcement purposes subaccount of the general fund of the  state  where
     6  the  claiming  agent is an agency of the state or the political subdivi-
     7  sion or public authority of which the claiming agent is a  part,  to  be
     8  used  for law enforcement use in the investigation of penal law offenses
     9  or law enforcement assisted diversion;
    10    § 2. Subdivision 3 of section  97-w  of  the  state  finance  law,  as
    11  amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
    12  follows:
    13    3. Moneys of the fund, when  allocated,  shall  be  available  to  the
    14  commissioner  of  the  office of alcoholism and substance abuse services
    15  and shall be used to provide support for (a) funded agencies approved by
    16  the New York state office of alcoholism and  substance  abuse  services,
    17  [and] (b) local school-based and community programs which provide chemi-
    18  cal  dependence  prevention and education services, and (c) law enforce-
    19  ment assisted diversion of individuals  with  substance  use  disorders.
    20  Consideration shall be given to innovative approaches to providing chem-
    21  ical dependence services.
    22    § 3. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14938-03-8
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