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.

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S3660-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 20, 2011: referred to codes
• Jun 20, 2011: DELIVERED TO ASSEMBLY
• Jun 20, 2011: PASSED SENATE
• Mar 21, 2011: ADVANCED TO THIRD READING
• Mar 16, 2011: 2ND REPORT CAL.
• Mar 15, 2011: 1ST REPORT CAL.228
• Mar 1, 2011: REFERRED TO CODES

S3660-2011 Meetings

Codes: Mar 15, 2011, Codes: May 22, 2012

S3660-2011 Calendars

Active List: Jun 15, 2011 , Active List: Jun 20, 2011 , Floor Calendar: Mar 16, 2011 , Floor Calendar: Mar 21, 2011 , Floor Calendar: Mar 22, 2011 , Floor Calendar: Mar 23, 2011 , Floor Calendar: Mar 24, 2011 , Floor Calendar: Mar 28, 2011 , Floor Calendar: Mar 29, 2011 , Floor Calendar: Mar 30, 2011 , Floor Calendar: Mar 31, 2011 , Floor Calendar: Apr 4, 2011 , Floor Calendar: Apr 5, 2011 , Floor Calendar: Apr 6, 2011 , Floor Calendar: Apr 11, 2011 , Floor Calendar: Apr 12, 2011 , Floor Calendar: Apr 13, 2011 , Floor Calendar: May 2, 2011 , Floor Calendar: May 3, 2011 , Floor Calendar: May 4, 2011 , Floor Calendar: May 9, 2011 , Floor Calendar: May 10, 2011 , Floor Calendar: May 11, 2011 , Floor Calendar: May 16, 2011 , Floor Calendar: May 17, 2011 , Floor Calendar: May 18, 2011 , Floor Calendar: May 23, 2011 , Floor Calendar: May 24, 2011 , Floor Calendar: May 25, 2011 , Floor Calendar: Jun 1, 2011 , Floor Calendar: Jun 2, 2011 , Floor Calendar: Jun 6, 2011 , Floor Calendar: Jun 7, 2011 , Floor Calendar: Jun 13, 2011 , Floor Calendar: Jun 14, 2011 , Floor Calendar: Jun 15, 2011 , Floor Calendar: Jun 16, 2011 , Floor Calendar: Jun 17, 2011

S3660-2011 Votes

S3660-2011 Memo

BILL NUMBER:S3660

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.

S3660-2011 Text

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

                                    3660

                         2011-2012 Regular Sessions

                              I N  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