Senate Bill S2333

2013-2014 Legislative Session

Authorizes claiming authorities to retain certain property for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-S2333 (ACTIVE) - Details

See Assembly Version of this Bill:
A1503
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1349, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S649, A6733
2011-2012: S3829, A6453
2015-2016: S855, A1158
2017-2018: S4299, A835
2019-2020: S516

2013-S2333 (ACTIVE) - Summary

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.

2013-S2333 (ACTIVE) - Sponsor Memo

2013-S2333 (ACTIVE) - Bill Text download pdf

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

                                  2333

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, CARLUCCI, GALLIVAN, SAVINO -- 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:

  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
              

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