Senate Bill S4486

2013-2014 Legislative Session

Relates to forfeitures

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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-S4486 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR

2013-S4486 (ACTIVE) - Summary

Relates to forfeitures of vessels, aircrafts, computers, printers or computer monitors.

2013-S4486 (ACTIVE) - Sponsor Memo

2013-S4486 (ACTIVE) - Bill Text download pdf

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

                                  4486

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at request of the Division of State
  Police) -- 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 forfei-
  tures

  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, COMPUTERS, PRINTERS OR COMPUTER MONITORS 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 the claiming authority for law  enforcement
purposes, unless the court determines that such property is subject to a
perfected  lien.  If not so retained, the judgment or order shall direct

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09378-01-3
              

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