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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3829--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     March 7, 2011
                                      ___________
       Introduced  by  Sens.  KLEIN, CARLUCCI, SAVINO -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes --
         recommitted to the Committee on Codes in accordance with  Senate  Rule
         6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
         amended and recommitted to said committee
       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, TELECOMMUNICATIONS OR  SURVEILLANCE  EQUIPMENT  OR
   14  DEVICES,  COMPUTERS  AS  DEFINED IN SUBDIVISION ONE OF SECTION 156.00 OF
   15  THE PENAL LAW OR OFFICE EQUIPMENT forfeited pursuant to this article  be
   16  retained  by the claiming agent for law enforcement purposes, unless the
   17  court determines that such property is subject to a perfected  lien,  in
   18  which case the court may not direct that the property be retained unless
   19  all  such  liens  on  the property to be retained have been satisfied or
   20  pursuant to the court's order will be satisfied. In the  absence  of  an
   21  application  by  the claiming agent, the claiming authority may apply to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09630-04-2
       S. 3829--A                          2
    1  the court to retain such property for  law  enforcement  purposes.  Upon
    2  such application, the court may direct that such property be retained by
    3  the  claiming  authority  for law enforcement purposes, unless the court
    4  determines  that such property is subject to a perfected lien. If not so
    5  retained, the judgment or order shall direct the claiming  authority  to
    6  sell  the property in accordance with article fifty-one of this chapter,
    7  and that the proceeds of such sale and any other moneys  realized  as  a
    8  consequence  of  any forfeiture pursuant to this article shall be appor-
    9  tioned and paid in the following descending order of priority:
   10    S 2. This act shall take effect on the thirtieth day  after  it  shall
   11  have  become a law and shall apply to forfeiture actions commenced on or
   12  after such date.