Relates to forfeiture allocations of property.
Ayes (56): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Espaillat, Farley, Felder, Flanagan, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hoylman, Kennedy, Klein, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Sampson, Sanders, Savino, Serrano, Seward, Skelos, Squadron, Stavisky, Stewart-Cousins, Tkaczyk, Valesky, Young, Zeldin
Nays (3): Dilan, Krueger, Rivera
Excused (2): Hassell-Thomps, Smith
TITLE OF BILL: An act to amend the civil practice law and rules, in relation to forfeiture allocations
PURPOSE AND EXISTING LAW: Asset forfeiture is the confiscation of assets that are either the proceeds of crime or the instrumentalities of crime. Chapter 655 of the Laws of 1990 significantly amended the existing forfeiture provisions of Article 13-A of New York State's Civil Practice Laws and Rules (CPLR) and enacted new criminal forfeiture provisions for felony controlled substance offenses in Article 480 of the state's Penal Law. The present amendments redistribute the amounts required by to law to better provide for the organizations that actually conduct the operations necessary to obtain forfeitures in criminal cases. This legislation allows claiming authorities to receive more of the monies realized by fruits of their labor. These moneys are presently going to certain state funds maintained by the Division of Criminal Justice Services, this legislation requires that 50 percent more of the monies that were going to the DCJS accountants are to be made available to the Claiming authority and additional monies to accounts the chemical dependence service fund. Thereby earmarking more monies for treatment and future prosecutions.
The other monies which remain will still go to the DCJS state funds but are to be split between two funds that provide monies to police departments and district attorneys equally and the amounts set aside for district attorneys are also limited to use for investigation of drug offenses whereas previously such funds were general funds to be used for penal law offenses.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Section 1359 of the CPLR paragraph e and g of subdivision two, which provides the percentage disbursement of monies seized trough he asset forfeiture provisions of the Criminal Procedure Law. Specifically section one provides that 25% instead of 15% of the monies recovered and available after the statutory priorities are complied with is to be made available to the claiming authority. These monies may be retained by the claiming authority but are restricted for use on future drug offense investigations. This section also provides additional monies for treatment modifying the formula for disbursement to the Chemical Dependence service fund to 50% instead of 40% of monies available after the statutory priorities are complied with.
Section 2 amends Subparagraphs I and II of paragraph H of subdivision 2 of section 1349 of the CPLR and Provides that the remaining monies as a result of criminal asset forfeiture (20%) will be split equally between a law enforcement the subaccount of the state's general fund and a prosecution services subaccount of the state's general fund said prosecution subaccount funds restricted to disbursement for use of prosecuting drug offenses.
Section 3 effective date
JUSTIFICATION: Heroin use is an epidemic in our state. Its impact now touches every aspect of our society regardless of income, education, gender or community. Upstate and Downstate are suffering from this scourge. It's ruining peoples' lives and destroying families. The increasing availability of this drug combined with more powerful incarnations and its sheer addictiveness has created a public health and safety crisis of incredible magnitude. This crisis includes the all too often death of too many New Yorkers. This law will provide more incentives for district attorney's and law enforcement around the state to investigate and prosecute drug dealers by allowing DA's to retain more of the proceeds from seized asset than current law. The sponsor's intent is that these additional monies will fund additional prosecutions of drug dealers providing more and more monies thorough seizure to DA's offices to combat the heroin epidemic. More seized money will also fund more substance abuse prevention and treatment.
LEGISLATIVE HISTORY: None
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately
STATE OF NEW YORK ________________________________________________________________________ 7658 IN SENATE May 23, 2014 ___________Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN, GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE, MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO, SEWARD, VALESKY, YOUNG -- 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- ture allocations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs (e) and (g) of subdivision 2 of section 1349 of the civil practice law and rules, paragraph (e) as added by chapter 655 of the laws of 1990 and paragraph (g) as amended by chapter 398 of the laws of 2004, are amended to read as follows: (e) In addition to amounts, if any, distributed pursuant to paragraph (d) of this subdivision,
[fifteen]TWENTY-FIVE percent of all moneys realized through forfeiture to the claiming authority in satisfaction of actual costs and expenses incurred in the investigation, preparation and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical and investigative personnel devoted thereto, plus all costs and disbursements taxable under the provisions of this chapter. IF THE ACTUAL COSTS SUBMITTED BY THE CLAIMING AUTHORITY PURSUANT TO THIS PARAGRAPH ARE LESS THAN THE CORPUS OF THE TWENTY-FIVE PERCENT ALLOCATED AND ALLOWABLE FOR REIMBURSEMENT BY THIS SUBDIVISION, THE CLAIMING AUTHORITY MAY RETAIN THE ADDITIONAL MONIES IN A DISTINCT SUBACCOUNT SEGREGATED FROM THE CLAIMING AUTHORITY'S OTHER OPERATING ACCOUNTS, SAID ADDITIONAL MONIES SHALL BE RESTRICTED TO USE BY THE CLAIMING AUTHORITY ONLY FOR INVESTIGATION AND PROSECUTION OF ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE PENAL LAW; (g) [Forty]FIFTY percent of all moneys realized through forfeiture which are remaining after distributions pursuant to paragraphs (a) through (f) of this subdivision, to the chemical dependence service fund established pursuant to section ninety-seven-w of the state finance law;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. S LBD15368-02-4 S. 7658 2
S 2. Subparagraphs (i) and (ii) of paragraph (h) of subdivision 2 of section 1349 of the civil practice law and rules, as added by chapter 655 of the laws of 1990, are amended to read as follows: (i)
[seventy-five]FIFTY percent of such moneys shall be deposited to a law enforcement purposes subaccount of the general fund of the state where the claiming agent is an agency of the state or the political subdivision or public authority of which the claiming agent is a part, to be used for law enforcement use in the investigation of penal law offenses; (ii) the remaining [twenty-five]FIFTY percent of such moneys shall be deposited to a prosecution services subaccount of the general fund of the state where the claiming authority is the attorney general or the political subdivision of which the claiming authority is a part, to be used for the prosecution of ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE penal law [offenses]. S 3. This act shall take effect immediately.