Assembly Bill A7012

2019-2020 Legislative Session

Relates to asset forfeiture

download bill text pdf

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2019-A7012 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A10055
2015-2016: A2717
2017-2018: A2254
2021-2022: A4970
2023-2024: A2743

2019-A7012 (ACTIVE) - Summary

Relates to asset forfeiture.

2019-A7012 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7012
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M.  of A. PEOPLES-STOKES, CYMBROWITZ, LENTOL, GOTTFRIED,
   CAHILL -- read once and referred to the Committee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation  to  asset
   forfeiture
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraphs (e), (f) and (g) of  subdivision  2  of  section
 1349  of  the  civil  practice  law and rules, paragraphs (e) and (f) 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 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  chap-
 ter]  FORTY  PERCENT OF ALL MONEYS REALIZED THROUGH FORFEITURE WHICH ARE
 REMAINING, IF  ANY,  AFTER  DISTRIBUTIONS  PURSUANT  TO  PARAGRAPHS  (A)
 THROUGH (D) OF THIS SUBDIVISION, TO THE CHEMICAL DEPENDENCE SERVICE FUND
 ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-W OF THE STATE FINANCE LAW;
   (f) [In addition to amounts, if any, distributed pursuant to paragraph
 (d)  of  this  subdivision,  five percent of all moneys realized through
 forfeiture] FIFTEEN PERCENT OF ALL MONEYS  REALIZED  THROUGH  FORFEITURE
 WHICH  ARE REMAINING, IF ANY, AFTER DISTRIBUTIONS PURSUANT TO PARAGRAPHS
 (A) THROUGH (E) OF THIS SUBDIVISION to the claiming  [agent]  AUTHORITY,
 IN  ADDITION  TO  THE AMOUNTS, IF ANY, DISTRIBUTED PURSUANT TO PARAGRAPH
 (D) OF THIS SUBDIVISION, in satisfaction of actual costs  [incurred  for
 protecting,  maintaining  and  forfeiting  the  property]  AND  EXPENSES
 INCURRED IN THE INVESTIGATION, PREPARATION AND LITIGATION OF THE FORFEI-
 TURE ACTION, including that proportion of the salaries of THE attorneys,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.