Bill Text: NY A10900 | 2009-2010 | General Assembly | Introduced
Bill Title: Allows counties in the state to be more effective in closing stores that deal in obscene material by providing for the forfeiture of the obscene materials after conviction of any misdemeanor or felony detailed in article 235 of the penal law relating to obscenity.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-29 - referred to codes [A10900 Detail]
Download: New_York-2009-A10900-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10900 I N A S S E M B L Y April 29, 2010 ___________ Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to extend- ing forfeiture provisions to crimes of obscenity THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 5 of section 1310 of the civil practice law and 2 rules, as added by chapter 669 of the laws of 1984, is amended to read 3 as follows: 4 5. "Post-conviction forfeiture crime" means ANY MISDEMEANOR OR FELONY 5 DEFINED IN ARTICLE TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW OR any felo- 6 ny defined in ANY OTHER PROVISION OF the penal law or any other chapter 7 of the consolidated laws of the state. 8 S 2. Paragraph (a) of subdivision 1 of section 1311 of the civil prac- 9 tice law and rules, as added by chapter 669 of the laws of 1984, is 10 amended to read as follows: 11 (a) Actions relating to post-conviction forfeiture crimes. An action 12 relating to a post-conviction forfeiture crime must be grounded upon a 13 conviction of a MISDEMEANOR OR felony defined in subdivision five of 14 section one thousand three hundred ten of this article, or upon criminal 15 activity arising from a common scheme or plan of which such a conviction 16 is a part, or upon a count of an indictment or information alleging SUCH 17 a MISDEMEANOR OR felony which was dismissed at the time of a plea of 18 guilty to a MISDEMEANOR OR felony in satisfaction of such count. A court 19 may not grant forfeiture until such conviction has occurred. However, an 20 action may be commenced, and a court may grant a provisional remedy 21 provided under this article, prior to such conviction having occurred. 22 An action under this paragraph must be dismissed at any time after sixty 23 days of the commencement of the action unless the conviction upon which 24 the action is grounded has occurred, or an indictment or information 25 upon which the asserted conviction is to be based is pending in a supe- 26 rior court. An action under this paragraph shall be stayed during the 27 pendency of a criminal action which is related to it; provided, however, 28 that such stay shall not prevent the granting or continuance of any EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15880-01-0 A. 10900 2 1 provisional remedy provided under this article or any other provisions 2 of law. 3 S 3. This act shall take effect on the sixtieth day after it shall 4 have become a law.