Bill Text: NY S07853 | 2011-2012 | General Assembly | Introduced
Bill Title: Provides for forfeiture of a truck, tractor and/or tractor-trailer combination if a driver thereof has been convicted of three violations of a designated system of truck routes within eighteen months.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-10-03 - REFERRED TO RULES [S07853 Detail]
Download: New_York-2011-S07853-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7853
I N S E N A T E
October 3, 2012
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the vehicle and traffic law, in relation to providing
for forfeiture of a truck, tractor and/or tractor-trailer combination
if a driver thereof has been convicted of three violations of a desig-
nated system of truck routes within eighteen months
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 1800 of the vehicle and traffic law is amended by
2 adding a new subdivision (i) to read as follows:
3 (I) 1. ANY TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION HAVING A
4 TOTAL GROSS WEIGHT IN EXCESS OF TEN THOUSAND POUNDS, WHICH HAS BEEN OR
5 IS BEING USED IN VIOLATION OF A LOCAL LAW, ORDINANCE, ORDER, RULE OR
6 REGULATION ENACTED BY THE LEGISLATIVE BODY OF ANY CITY, VILLAGE OR TOWN,
7 PURSUANT TO THE PROVISIONS OF PARAGRAPH TEN OF SUBDIVISION (A) OF
8 SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN OF SUBDIVISION (A) OF
9 SECTION SIXTEEN HUNDRED SIXTY OF THIS CHAPTER, MAY, UPON A THIRD
10 CONVICTION FOR SUCH AN OFFENSE OF THE OWNER OR OPERATOR OF SUCH VEHICLE
11 IN AN EIGHTEEN MONTH PERIOD, BE SEIZED BY ANY PEACE OFFICER, ACTING
12 PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED
13 AS HEREINAFTER PROVIDED IN THIS SUBDIVISION.
14 2. A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION HAVING A TOTAL
15 GROSS WEIGHT IN EXCESS OF TEN THOUSAND POUNDS MAY BE SEIZED UPON SERVICE
16 OF A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF SUCH VEHICLE. THE
17 SEIZED VEHICLE SHALL BE DELIVERED BY THE OFFICER HAVING MADE THE SEIZURE
18 TO THE CUSTODY OF THE DISTRICT ATTORNEY, CORPORATION COUNSEL OR OTHER
19 PROSECUTING AUTHORITY WHICH IS ASSIGNED TO HANDLE THE PROSECUTION OF THE
20 OFFENSE IN THE RELEVANT MUNICIPALITY, TOGETHER WITH A REPORT OF ALL THE
21 FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN ONE BUSINESS DAY AFTER
22 THE SEIZURE, NOTICE OF SUCH VIOLATION AND A COPY OF THE NOTICE OF
23 VIOLATION SHALL BE MAILED TO THE OWNER OF SUCH VEHICLE AT THE ADDRESS
24 FOR SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OF
25 MOTOR VEHICLES OR, FOR VEHICLES NOT REGISTERED IN NEW YORK STATE, SUCH
26 EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16535-01-2
S. 7853 2
1 3. A. THE ATTORNEY GENERAL IN SEIZURES BY MEMBERS OF THE STATE POLICE,
2 OR THE DISTRICT ATTORNEY, CORPORATION COUNSEL OR OTHER PROSECUTING
3 AUTHORITY WHICH IS ASSIGNED TO HANDLE THE PROSECUTION OF THE OFFENSE IN
4 THE RELEVANT MUNICIPALITY SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO
5 REPORTED TO HIM OR HER. IF IT APPEARS THAT THERE IS A BASIS FOR THE
6 COMMENCEMENT AND PROSECUTION OF A FORFEITURE PROCEEDING PURSUANT TO THIS
7 SUBDIVISION, ANY SUCH FORFEITURE PROCEEDING SHALL BE COMMENCED IN
8 SUPREME COURT NOT LATER THAN TWENTY DAYS AFTER THE DATE OF RECEIPT OF A
9 WRITTEN DEMAND BY A PERSON CLAIMING OWNERSHIP OF THE TRUCK, TRACTOR OR
10 TRACTOR-TRAILER COMBINATION ACCOMPANIED BY THE DOCUMENTATION REQUIRED TO
11 BE PRESENTED UPON RELEASE OF SUCH VEHICLE PURSUANT TO CLAUSES (I), (II),
12 AND (IV) OF SUBPARAGRAPH A OF PARAGRAPH FOUR OF THIS SUBDIVISION.
13 B. WHERE FORFEITURE PROCEEDINGS ARE COMMENCED AND PROSECUTED PURSUANT
14 TO THIS SECTION, THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WHICH
15 IS THE SUBJECT OF SUCH PROCEEDINGS SHALL REMAIN IN THE CUSTODY OF SUCH
16 PROSECUTING AUTHORITY, AS APPLICABLE, PENDING THE FINAL DETERMINATION OF
17 SUCH PROCEEDINGS.
18 C. TO THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF
19 THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN PROCEEDINGS AND ACTIONS
20 UNDER THIS SUBDIVISION.
21 4. A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION SEIZED PURSUANT TO
22 THIS SECTION SHALL BE RELEASED WHEN:
23 A. (I) SUCH PROSECUTING AUTHORITY HAS MADE A DETERMINATION NOT TO
24 INSTITUTE FORFEITURE PROCEEDINGS PURSUANT TO THIS SUBDIVISION OR THE
25 TIME PERIOD WITHIN WHICH A FORFEITURE PROCEEDING COULD HAVE BEEN
26 COMMENCED PURSUANT TO THIS SUBDIVISION HAS ELAPSED AND NO SUCH FORFEI-
27 TURE PROCEEDING WAS COMMENCED OR THE PROSECUTION FOR VIOLATION OF THE
28 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLA-
29 TIVE BODY OF ANY CITY, VILLAGE OR TOWN, PURSUANT TO THE PROVISIONS OF
30 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY OR
31 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED SIXTY OF
32 THIS CHAPTER HAS BEEN TERMINATED IN FAVOR OF THE ACCUSED; AND
33 (II) THE PERSON SEEKING TO CLAIM THE TRUCK, TRACTOR OR TRACTOR-TRAILER
34 COMBINATION HAS FURNISHED SATISFACTORY EVIDENCE OF REGISTRATION AND
35 FINANCIAL SECURITY AND, IF THE PERSON WAS THE OPERATOR OF THE VEHICLE AT
36 THE TIME OF THE VIOLATION OF THE LOCAL LAW, ORDINANCE, ORDER, RULE OR
37 REGULATION ENACTED BY THE LEGISLATIVE BODY OF ANY CITY, VILLAGE OR TOWN,
38 PURSUANT TO THE PROVISIONS OF PARAGRAPH TEN OF SUBDIVISION (A) OF
39 SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN OF SUBDIVISION (A) OF
40 SECTION SIXTEEN HUNDRED SIXTY OF THIS CHAPTER, SATISFACTORY EVIDENCE OF
41 PAYMENT OF ANY FINES OR PENALTIES IMPOSED IN CONNECTION THEREWITH; AND
42 (III) PAYMENT HAS BEEN MADE FOR THE REASONABLE COSTS OF REMOVAL AND
43 STORAGE OF THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION. THE OWNER
44 OF SUCH VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED, HOWEVER,
45 THAT IF HE OR SHE WAS NOT THE OPERATOR AT THE TIME OF THE OFFENSE, SUCH
46 PERSON SHALL HAVE A CAUSE OF ACTION AGAINST SUCH OPERATOR TO RECOVER
47 SUCH COSTS. PAYMENT PRIOR TO RELEASE OF SUCH VEHICLE SHALL NOT BE
48 REQUIRED IN CASES WHERE THE SEIZED TRUCK, TRACTOR OR TRACTOR-TRAILER
49 COMBINATION WAS STOLEN OR RENTED OR LEASED PURSUANT TO A WRITTEN AGREE-
50 MENT FOR A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE OPERATOR OF SUCH A
51 VEHICLE SHALL BE LIABLE FOR THE COSTS OF REMOVAL AND STORAGE OF SUCH
52 VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE; AND
53 (IV) IF THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION IS HELD AS
54 EVIDENCE, THE PERSON SEEKING TO CLAIM SUCH VEHICLE HAS PRESENTED A
55 RELEASE FROM THE PROSECUTING AUTHORITY PROVIDING THAT THE MOTOR VEHICLE
56 IS NOT NEEDED AS EVIDENCE.
S. 7853 3
1 B. (I) PENDING COMPLETION OF FORFEITURE PROCEEDINGS WHICH HAVE BEEN
2 COMMENCED, THE PERSON SEEKING TO CLAIM THE TRUCK, TRACTOR OR
3 TRACTOR-TRAILER COMBINATION HAS POSTED A BOND IN A FORM SATISFACTORY TO
4 SUCH PROSECUTING AUTHORITY IN AN AMOUNT THAT SHALL NOT EXCEED AN AMOUNT
5 SUFFICIENT TO COVER THE MAXIMUM FINES OR CIVIL PENALTIES WHICH MAY BE
6 IMPOSED FOR THE VIOLATION UNDERLYING THE SEIZURE AND ALL REASONABLE
7 COSTS FOR REMOVAL AND STORAGE OF SUCH VEHICLE; AND
8 (II) THE PERSONS SEEKING TO CLAIM THE MOTOR VEHICLE HAVE FURNISHED
9 SATISFACTORY EVIDENCE OF REGISTRATION AND FINANCIAL SECURITY.
10 5. WHERE A DEMAND FOR THE RETURN OF A TRUCK, TRACTOR OR TRACTOR-TRAIL-
11 ER COMBINATION IS NOT MADE WITHIN NINETY DAYS AFTER THE TERMINATION OF
12 THE PROCEEDING FOUNDED UPON THE CHARGE OF VIOLATION OF A LOCAL LAW,
13 ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLATIVE BODY OF
14 ANY CITY, VILLAGE OR TOWN, PURSUANT TO THE PROVISIONS OF PARAGRAPH TEN
15 OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN OF
16 SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED SIXTY OF THIS CHAPTER, SUCH
17 MOTOR VEHICLE SHALL BE DEEMED TO BE ABANDONED. SUCH VEHICLE SHALL BE
18 DISPOSED OF BY THE RELEVANT MUNICIPALITY, AS APPLICABLE, IN ACCORDANCE
19 WITH SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER OR AS OTHERWISE
20 PROVIDED BY LAW.
21 6. NOTICE OF THE INSTITUTION OF THE FORFEITURE PROCEEDING SHALL BE
22 SERVED:
23 A. BY PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE LAW AND RULES
24 UPON ALL OWNERS OF THE SEIZED TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINA-
25 TION LISTED IN THE RECORDS MAINTAINED BY THE DEPARTMENT, OR FOR VEHICLES
26 NOT REGISTERED IN NEW YORK STATE, IN THE RECORDS MAINTAINED BY THE STATE
27 OF REGISTRATION; AND
28 B. BY FIRST CLASS MAIL UPON ALL INDIVIDUALS WHO HAVE NOTIFIED SUCH
29 PROSECUTING AUTHORITY THAT THEY ARE AN OWNER OF THE TRUCK, TRACTOR OR
30 TRACTOR-TRAILER COMBINATION AND UPON ALL PERSONS HOLDING A SECURITY
31 INTEREST IN SUCH VEHICLE WHICH SECURITY INTEREST HAS BEEN FILED WITH THE
32 DEPARTMENT PURSUANT TO THE PROVISIONS OF TITLE TEN OF THIS CHAPTER, AT
33 THE ADDRESS SET FORTH IN THE RECORDS OF SUCH DEPARTMENT, OR FOR VEHICLES
34 NOT REGISTERED IN NEW YORK STATE, ALL PERSONS HOLDING A SECURITY INTER-
35 EST IN SUCH VEHICLE WHICH SECURITY INTEREST HAS BEEN FILED WITH SUCH
36 STATE OF REGISTRATION, AT THE ADDRESS PROVIDED BY SUCH STATE OF REGIS-
37 TRATION.
38 7. ANY OWNER WHO RECEIVES NOTICE OF THE INSTITUTION OF A FORFEITURE
39 ACTION WHO CLAIMS AN INTEREST IN THE TRUCK, TRACTOR OR TRACTOR-TRAILER
40 COMBINATION SUBJECT TO FORFEITURE SHALL ASSERT A CLAIM FOR THE RECOVERY
41 OF SUCH VEHICLE OR SATISFACTION OF THE OWNER'S INTEREST IN SUCH VEHICLE
42 BY INTERVENING IN THE FORFEITURE ACTION IN ACCORDANCE WITH SUBDIVISION
43 (A) OF SECTION ONE THOUSAND TWELVE OF THE CIVIL PRACTICE LAW AND RULES.
44 ANY PERSON WITH A SECURITY INTEREST IN SUCH VEHICLE WHO RECEIVES NOTICE
45 OF THE INSTITUTION OF THE FORFEITURE ACTION SHALL ASSERT A CLAIM FOR THE
46 SATISFACTION OF SUCH PERSON'S SECURITY INTEREST IN SUCH VEHICLE BY
47 INTERVENING IN THE FORFEITURE ACTION IN ACCORDANCE WITH SUBDIVISION (A)
48 OF SECTION ONE THOUSAND TWELVE OF THE CIVIL PRACTICE LAW AND RULES. IF
49 THE ACTION RELATES TO A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION IN
50 WHICH A PERSON HOLDING A SECURITY INTEREST HAS INTERVENED PURSUANT TO
51 THIS PARAGRAPH, THE BURDEN SHALL BE UPON THE DESIGNATED OFFICIAL TO
52 PROVE BY CLEAR AND CONVINCING EVIDENCE THAT SUCH INTERVENOR KNEW THAT
53 SUCH VEHICLE WAS OR WOULD BE USED FOR THE COMMISSION OF A VIOLATION OF A
54 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLA-
55 TIVE BODY OF ANY CITY, VILLAGE OR TOWN, PURSUANT TO THE PROVISIONS OF
56 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY OR
S. 7853 4
1 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED SIXTY OF
2 THIS CHAPTER AND EITHER A. KNOWINGLY AND UNLAWFULLY BENEFITTED FROM SUCH
3 CONDUCT OR B. VOLUNTARILY AGREED TO THE USE OF THE VEHICLE FOR THE
4 COMMISSION OF SUCH VIOLATION BY CONSENT FREELY GIVEN. FOR PURPOSES OF
5 THIS PARAGRAPH, SUCH INTERVENOR KNOWINGLY AND UNLAWFULLY BENEFITED FROM
6 THE COMMISSION OF SUCH VIOLATION WHEN HE OR SHE DERIVED IN EXCHANGE FOR
7 PERMITTING THE UNLAWFUL USE OF SUCH VEHICLE BY A PERSON OR PERSONS
8 COMMITTING SUCH SPECIFIED VIOLATION A SUBSTANTIAL BENEFIT THAT WOULD
9 OTHERWISE NOT HAVE ACCRUED AS A RESULT OF THE LAWFUL USE OF SUCH VEHI-
10 CLE. "BENEFIT" MEANS BENEFIT AS DEFINED IN SUBDIVISION SEVENTEEN OF
11 SECTION 10.00 OF THE PENAL LAW.
12 8. NO TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION SHALL BE FORFEITED
13 UNDER THIS SUBDIVISION TO THE EXTENT OF THE INTEREST OF A PERSON WHO
14 CLAIMS AN INTEREST IN SUCH VEHICLE, WHERE SUCH PERSON PLEADS AND PROVES
15 THAT:
16 A. THE USE OF SUCH VEHICLE FOR THE CONDUCT THAT WAS THE BASIS FOR A
17 SEIZURE OCCURRED WITHOUT THE KNOWLEDGE OF SUCH PERSON, OR IF SUCH PERSON
18 HAD KNOWLEDGE OF SUCH USE, WITHOUT THE CONSENT OF SUCH PERSON, AND THAT
19 SUCH PERSON DID NOT KNOWINGLY OBTAIN SUCH INTEREST IN THE VEHICLE IN
20 ORDER TO AVOID THE FORFEITURE OF SUCH VEHICLE; OR
21 B. THE CONDUCT THAT WAS THE BASIS FOR SUCH SEIZURE WAS COMMITTED BY
22 ANY PERSON OTHER THAN SUCH PERSON CLAIMING AN INTEREST IN THE VEHICLE,
23 WHILE SUCH VEHICLE WAS UNLAWFULLY IN THE POSSESSION OF A PERSON WHO
24 ACQUIRED POSSESSION THEREOF IN VIOLATION OF THE CRIMINAL LAWS OF THE
25 UNITED STATES OR ANY STATE.
26 9. THE COURT IN WHICH A FORFEITURE ACTION IS PENDING MAY DISMISS SAID
27 ACTION IN THE INTERESTS OF JUSTICE UPON ITS OWN MOTION OR UPON AN APPLI-
28 CATION AS PROVIDED FOR HEREIN.
29 A. AT ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION, THE DESIG-
30 NATED OFFICIAL WHO INSTITUTED THE ACTION, OR A DEFENDANT MAY APPLY FOR
31 AN ORDER DISMISSING THE COMPLAINT AND TERMINATING THE FORFEITURE ACTION
32 IN THE INTEREST OF JUSTICE.
33 B. SUCH APPLICATION FOR THE RELIEF PROVIDED IN SUBPARAGRAPH A OF THIS
34 PARAGRAPH MUST BE MADE IN WRITING AND UPON NOTICE TO ALL PARTIES. THE
35 COURT MAY, IN ITS DISCRETION, DIRECT THAT NOTICE BE GIVEN TO ANY OTHER
36 PERSON HAVING AN INTEREST IN THE PROPERTY.
37 C. AN APPLICATION FOR THE RELIEF PROVIDED FOR IN SUBPARAGRAPH A OF
38 THIS PARAGRAPH MUST BE BROUGHT EXCLUSIVELY IN THE COURT IN WHICH THE
39 FORFEITURE ACTION IS PENDING.
40 D. THE COURT MAY GRANT THE RELIEF PROVIDED IN SUBPARAGRAPH A OF THIS
41 PARAGRAPH IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY THE EXISTENCE OF
42 SOME COMPELLING FACTOR, CONSIDERATION OR CIRCUMSTANCE DEMONSTRATING THAT
43 FORFEITURE OF THE PROPERTY OR ANY PART THEREOF, WOULD NOT SERVE THE ENDS
44 OF JUSTICE. AMONG THE FACTORS, CONSIDERATIONS AND CIRCUMSTANCES THE
45 COURT MAY CONSIDER, AMONG OTHERS, ARE:
46 (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE CRIME TO WHICH THE PROP-
47 ERTY IS CONNECTED RELATIVE TO THE IMPACT OF FORFEITURE OF PROPERTY UPON
48 THE PERSON WHO COMMITTED THE CRIME; OR
49 (II) THE ADVERSE IMPACT OF A FORFEITURE OF PROPERTY UPON INNOCENT
50 PERSONS.
51 E. THE COURT MUST ISSUE A WRITTEN DECISION STATING THE BASIS FOR AN
52 ORDER ISSUED PURSUANT TO THIS SUBDIVISION.
53 10. THE PROSECUTING AUTHORITY HAVING CUSTODY OF THE SEIZED TRUCK,
54 TRACTOR OR TRACTOR-TRAILER COMBINATION, AFTER SUCH JUDICIAL DETERMI-
55 NATION OF FORFEITURE, SHALL, BY A PUBLIC NOTICE OF AT LEAST TWENTY DAYS,
56 SELL SUCH FORFEITED VEHICLE AT PUBLIC SALE. THE NET PROCEEDS OF ANY SUCH
S. 7853 5
1 SALE, AFTER DEDUCTION OF THE LAWFUL EXPENSES INCURRED, SHALL BE PAID
2 INTO THE GENERAL FUND OF THE MUNICIPALITY WHEREIN THE SEIZURE WAS MADE,
3 AND PROVIDED FURTHER THAT THE NET PROCEEDS OF THE SALE OF A MOTOR VEHI-
4 CLE SEIZED BY THE STATE POLICE SHALL BE PAID INTO THE STATE POLICE
5 SEIZED ASSETS ACCOUNT.
6 11. IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, WHERE THE COURT
7 AWARDS A SUM OF MONEY TO ONE OR MORE PERSONS IN SATISFACTION OF SUCH
8 PERSON'S OR PERSONS' INTEREST OR INTERESTS IN THE FORFEITED TRUCK, TRAC-
9 TOR OR TRACTOR-TRAILER COMBINATION, THE TOTAL AMOUNT AWARDED TO SATISFY
10 SUCH INTEREST OR INTERESTS SHALL NOT EXCEED THE AMOUNT OF THE NET
11 PROCEEDS OF THE SALE OF THE FORFEITED VEHICLE, AFTER DEDUCTION OF THE
12 LAWFUL EXPENSES INCURRED BY THE MUNICIPALITY OR THE STATE, AS APPLICA-
13 BLE, AND STORAGE OF THE VEHICLE BETWEEN THE TIME OF SEIZURE AND THE DATE
14 OF SALE.
15 12. AT ANY TIME WITHIN TWO YEARS AFTER THE SEIZURE, ANY PERSON CLAIM-
16 ING AN INTEREST IN A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WHICH
17 HAS BEEN FORFEITED PURSUANT TO THIS SUBDIVISION WHO WAS NOT SENT NOTICE
18 OF THE COMMENCEMENT OF THE FORFEITURE ACTION PURSUANT TO PARAGRAPH SIX
19 OF THIS SUBDIVISION, OR WHO DID NOT OTHERWISE RECEIVE ACTUAL NOTICE OF
20 THE FORFEITURE ACTION, MAY ASSERT IN AN ACTION COMMENCED BEFORE THE
21 JUSTICE OF THE SUPREME COURT BEFORE WHOM THE FORFEITURE ACTION WAS HELD
22 SUCH CLAIM AS COULD HAVE BEEN ASSERTED IN THE FORFEITURE ACTION PURSUANT
23 TO THIS SUBDIVISION. THE COURT MAY GRANT THE RELIEF SOUGHT UPON SUCH
24 TERMS AND CONDITIONS AS IT DEEMS REASONABLE AND JUST IF THE PERSON
25 CLAIMING AN INTEREST IN THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINA-
26 TION ESTABLISHES THAT HE OR SHE WAS NOT SENT NOTICE OF THE COMMENCEMENT
27 OF THE FORFEITURE ACTION AND WAS WITHOUT ACTUAL KNOWLEDGE OF THE FORFEI-
28 TURE ACTION, AND ESTABLISHES EITHER OF THE AFFIRMATIVE DEFENSES SET
29 FORTH IN PARAGRAPH EIGHT OF THIS SUBDIVISION.
30 13. NO ACTION UNDER THIS SUBDIVISION FOR WRONGFUL SEIZURE SHALL BE
31 INSTITUTED UNLESS SUCH ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE
32 TIME WHEN THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WAS SEIZED.
33 S 2. This act shall take effect on the ninetieth day after it shall
34 have become a law.
