Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items so that the items cannot be mistaken for the authentic items.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: 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
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 charitable 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: New.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediate.
STATE OF NEW YORK ________________________________________________________________________ 3660 2011-2012 Regular Sessions IN SENATE March 1, 2011 ___________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. LBD09412-01-1