Relates to forfeitures of vessels, aircrafts, computers, printers or computer monitors.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (3): Krueger, Libous, Sanders
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to forfeitures
Purpose of Bill:
This bill would amend the Civil Practice Law and Rules (CPLR) to give police and sheriff's departments the authority to retain and computer equipment forfeited under New York's civil forfeiture law and to use it for law enforcement purposes.
Summary of Provisions:
Section one of the bill would amend CPLR § 1349(2) to add computers, printers and computer monitors to the list of forfeited items that may be put into official use by a police department instead of being sold at a public auction.
Section two of the bill would provide an immediate effective date.
Under existing law, a "claiming agent," which is defined to include certain law enforcement agencies described in the Criminal Procedure Law, may retain certain property forfeited pursuant to Article 13-A of the CPLR, unless the court determines that such property is subject to a perfected lien and directs that it not be retained. CPLR § 1349(2) currently lists "vehicles, vessels or aircraft" as the types of property that may be retained and used by law enforcement agencies pursuant to this authority.
Prior Legislative History:
This is a new bill.
Statement in Support:
This bill would expand the types of forfeited property that may be put to use by a law enforcement agency that is responsible for the investigation that led to the forfeiture. Current law allows for vehicles, vessels and aircraft to be put to such use, and all other forfeited items must be sold, with the proceeds distributed in accordance with a plan set forth in CPLR § 1349. While this system is appropriate for cases where the forfeited items have substantial value, the resale value of used computers, printers and monitors is such that they are unlikely to attract significant bids at auction. However, in the present fiscal climate, most police agencies do not have the means to purchase additional computer equipment. As a result, this type of equipment may often be more useful to police departments than it is valuable to others.
This amendment would remove the requirement that this forfeited equipment be sold, and would give law enforcement the authority to use the equipment, in the same manner that vehicles forfeited under this article can be put into official use.
This bill could reduce expenses of law enforcement agencies.
This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 4486 2013-2014 Regular Sessions IN SENATE 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 directEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09378-01-3 S. 4486 2
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.