S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1503

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GUNTHER, SKARTADOS -- read once and referred 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:

  Section 1. The opening paragraph of subdivision 2 of section  1349  of
the civil practice law and rules, as added by chapter 655 of the laws of
1990, is amended to read as follows:
  If any other provision of law expressly governs the manner of disposi-
tion  of  property  subject to the judgment or order of forfeiture, that
provision of law shall be controlling.  Upon application by  a  claiming
agent  for reimbursement of moneys directly expended by a claiming agent
in the underlying criminal investigation for the purchase of  contraband
which  were  converted  into  a non-monetary form or which have not been
otherwise recovered, the court  shall  direct  such  reimbursement  from
money forfeited pursuant to this article. Upon application of the claim-
ing  agent,  the  court  may  direct  that  any  vehicles, vessels [or],
aircraft, ELECTRONIC, TELECOMMUNICATIONS OR  SURVEILLANCE  EQUIPMENT  OR
DEVICES,  COMPUTERS  AS  DEFINED IN SUBDIVISION ONE OF SECTION 156.00 OF
THE PENAL LAW OR OFFICE EQUIPMENT forfeited pursuant to this article  be
retained  by the claiming agent for law enforcement purposes, unless the
court determines that such property is subject to a perfected  lien,  in
which case the court may not direct that the property be retained unless
all  such  liens  on  the property to be retained have been satisfied or
pursuant to the court's order will be satisfied. In the  absence  of  an
application  by  the claiming agent, the claiming authority may apply to
the court to retain such property for  law  enforcement  purposes.  Upon
such application, the court may direct that such property be retained by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02668-01-3

A. 1503                             2

the  claiming  authority  for law enforcement purposes, unless the court
determines that such property is subject to a perfected lien. If not  so
retained,  the  judgment or order shall direct the claiming authority to
sell  the property in accordance with article fifty-one of this chapter,
and that the proceeds of such sale and any other moneys  realized  as  a
consequence  of  any forfeiture pursuant to this article shall be appor-
tioned and paid in the following descending order of priority:
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have  become a law and shall apply to forfeiture actions commenced on or
after such date.