Bill Text: NY S03829 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes claiming authorities or agents to retain electronic, telecommunications or surveillance equipment or devices, computers, or office equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2012-04-23 - PRINT NUMBER 3829A [S03829 Detail]

Download: New_York-2011-S03829-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3829
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2011
                                      ___________
       Introduced  by  Sens. KLEIN, CARLUCCI -- 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  personal  property  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, vessels [or],
   13  aircraft,  ELECTRONIC  EQUIPMENT  OR  DEVICES,  SURVEILLANCE  EQUIPMENT,
   14  COMPUTERS, OFFICE EQUIPMENT AND OTHER PERSONAL PROPERTY forfeited pursu-
   15  ant  to  this article be retained by the claiming agent for law enforce-
   16  ment purposes, unless the court determines that such property is subject
   17  to a perfected lien, in which case the court may  not  direct  that  the
   18  property  be  retained  unless  all  such  liens  on  the property to be
   19  retained have been satisfied or pursuant to the court's  order  will  be
   20  satisfied.  In  the absence of an application by the claiming agent, the
   21  claiming authority may apply to the court to retain  such  property  for
   22  law  enforcement  purposes.  Upon such application, the court may direct
   23  that such property  be  retained  by  the  claiming  authority  for  law
   24  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.
                                                                  LBD09630-01-1
       S. 3829                             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.