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.

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S3829-2011 Actions

• Apr 23, 2012: PRINT NUMBER 3829A
• Apr 23, 2012: AMEND AND RECOMMIT TO CODES
• Jan 4, 2012: REFERRED TO CODES
• Mar 7, 2011: REFERRED TO CODES

S3829-2011 Memo

BILL NUMBER:S3829

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to authorizing a
claiming authority to retain personal property for law enforcement
purposes

PURPOSE:
This bill permits law enforcement officials to retain
personal property, such as electronic equipment or devices,
surveillance equipment, computers, office equipment and other
personal property that has been seized and forfeited, in order to
utilize such personal property for law enforcement purposes.

SUMMARY OF PROVISIONS:

Section 1: Amends Civil Practice Law and Rules section 1349 to add
personal property such as electronic equipment or devices,
surveillance equipment, office equipment to items such as vehicles,
vessels, and aircraft which may be currently retained by law
enforcement entities after forfeiture and used for law enforcement
purposes.

EXISTING LAW:
This valuable equipment cannot now be used by law
enforcement officials.

JUSTIFICATION:

Under current law, any vehicle, vessel or aircraft that is seized by
and forfeited to a law enforcement agency as a "proceeds of a crime"
may be retained by the seizing jurisdiction and then used in such
office's law enforcement activities. The current law enhances the
ability of law enforcement officials to combat crime, while at the
same time saving taxpayer dollars by avoiding the need to purchase
these expensive items.

Law enforcement agencies often seize electronic equipment such as
computers, video equipment and fax machines, and surveillance
equipment such as night vision goggles which are superior to the
equipment used by police agencies. Further, this equipment could be
used to help combat crime or reduce auto theft. Unfortunately, under
current law, such electronic equipment cannot be forfeited. Instead,
this valuable equipment must be auctioned off in accordance with
Article 51 of the CPLR.

The auction process is slow and costly, and produces only a fraction
of the value of the goods, even when the electronic equipment is in
good condition.
In addition, once possessed, such law enforcement offices could share
this equipment with other law enforcement agencies to help reduce their
operating and capital costs as well.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

This measure would have a beneficial fiscal impact. This is because it
would make such sophisticated equipment free and available for use by
law enforcement officials, instead of forcing such law enforcement
agency to auction off this seized equipment at well below its market
value. This bill should save municipal and state law enforcement
agencies funds that otherwise would need to be expended to purchase
such sophisticated equipment.

LOCAL FISCAL IMPLICATIONS:

This bill measure would positively help the finances of municipal and
state law enforcement agencies.

EFFECTIVE DATE:

Immediate.

S3829-2011 Text

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

                                    3829

                         2011-2012 Regular Sessions

                              I N  SENATE

                                March 7, 2011
                                 ___________

  Introduced  by  Sens. KLEIN, CARLUCCI -- 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  EQUIPMENT  OR  DEVICES,  SURVEILLANCE  EQUIPMENT,
  COMPUTERS, OFFICE EQUIPMENT AND OTHER PERSONAL PROPERTY forfeited pursu-
  ant  to  this article be retained by the claiming agent for law enforce-
  ment 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  the  claiming  authority  for  law
  enforcement  purposes, unless the court determines that such property is

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD09630-01-1

 S. 3829                             2

  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 apportioned and paid in the  following
  descending order of priority:

    S 2. This act shall take effect immediately.