S2019-2013 Actions

• May 8, 2013: 1ST REPORT CAL.602
• Jan 9, 2013: REFERRED TO CODES

S2019-2013 Meetings

S2019-2013 Calendars

S2019-2013 Votes

S2019-2013 Memo

BILL NUMBER:S2019

TITLE  OF BILL:  An act to amend the penal law, in relation to authoriz-
ing distribution of seized counterfeit goods to the needy  after  perma-
nent alteration of the items

PURPOSE:    To authorize the distribution of seized counterfeit goods to
the needy.

SUMMARY OF PROVISIONS:

Section one amends section 165.74  of  the  penal  law  authorizing  the
distribution  of seized goods bearing counterfeit trademarks to a chari-
table organization for distribution to the needy, once  there  has  been
permanent alteration of the items so as to not be mistaken for authentic
items.

Section two provides for an immediate effective date.

EXISTING  LAW:    Current  law states that the counterfeit items must be
destroyed.

JUSTIFICATION:  Under this legislation,  confiscated  counterfeit  items
could actually help someone in need. Once the products have been altered
to  insure  that they are marked as imitation and found to be safe, they
could be donated to nonprofit organizations who  could  then  distribute
the  merchandise  to  persons living in poverty. At present, counterfeit
goods have to be destroyed.

LEGISLATIVE HISTORY:  2011-12 S. 3660 - Codes Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

S2019-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2019
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
 and when printed to be committed to the Committee on Codes
 

AN ACT to amend the penal law, in relation to  authorizing  distribution
 of seized counterfeit goods to the needy after permanent alteration of
 the items
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 165.74 of the penal law, as amended by chapter  535
 of the laws of 1995, is amended to read as follows:

 

S 165.74 Seizure  and  destruction  of  goods bearing counterfeit trade
 marks.
 Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
 produced  in violation of this article may be seized by any police offi
 cer. The magistrate must, within forty-eight hours after arraignment  of
 the  defendant,  determine whether probable cause exists to believe that
 the goods had been manufactured, sold, offered for sale, distributed  or
 produced  in violation of this article, and upon a finding that probable
 cause exists to believe that the  goods  had  been  manufactured,  sold,
 offered for sale, distributed, or produced in violation of this article,
 the court shall authorize such articles to be retained as evidence pend
 ing  the  trial of the defendant.  Upon conviction of the defendant, the
 articles in respect whereof the  defendant  stands  convicted  shall  be
 destroyed.   Destruction shall not include auction, sale or distribution
 of the items in their original form BUT MAY INCLUDE  DISTRIBUTION  TO  A
 CHARITABLE  ORGANIZATION  FOR  FREE DISTRIBUTION TO THE NEEDY ONCE THERE
 HAS BEEN PERMANENT ALTERATION OF  THE  ITEMS  SO  THAT  THEY  CANNOT  BE
 MISTAKEN  FOR  THE  AUTHENTIC  ITEMS  BY  EITHER THE GENERAL PUBLIC OR A
 RETAIL MERCHANT.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06467-01-3

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!