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.
Sponsor: KLEIN CODES
Law Section: Civil Practice Law and Rules
Law: Amd S1349, CPLR
Law Section: Civil Practice Law and Rules
Law: Amd S1349, CPLR
- 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
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.
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.