Bill Text: NY S00649 | 2009-2010 | General Assembly | Introduced

---

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 (Republican 6-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S00649 Detail]

Download: New_York-2009-S00649-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          649
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 12, 2009
                                      ___________
       Introduced  by Sens. LARKIN, BONACIC, GOLDEN, LEIBELL, SALAND, SKELOS --
         read twice and ordered printed, and when printed to  be  committed  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05218-01-9
       S. 649                              2
    1  subject to a perfected lien. If not so retained, the judgment  or  order
    2  shall  direct  the claiming authority to sell the property in accordance
    3  with article fifty-one of this chapter, and that the  proceeds  of  such
    4  sale  and  any  other moneys realized as a consequence of any forfeiture
    5  pursuant to this article shall be apportioned and paid in the  following
    6  descending order of priority:
    7    S 2. This act shall take effect immediately.