Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 25, 2014 |
referred to codes delivered to assembly passed senate |
Mar 04, 2014 |
advanced to third reading |
Mar 03, 2014 |
2nd report cal. |
Feb 27, 2014 |
1st report cal.217 |
Jan 08, 2014 |
referred to codes returned to senate died in assembly |
Apr 29, 2013 |
referred to codes delivered to assembly passed senate |
Apr 24, 2013 |
advanced to third reading |
Apr 23, 2013 |
2nd report cal. |
Apr 22, 2013 |
1st report cal.378 |
Apr 03, 2013 |
referred to codes |
Senate Bill S4486
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
2013-S4486 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
2013-S4486 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4486 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. Existing Law: 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
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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