Assembly Bill A11192

2009-2010 Legislative Session

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods

download bill text pdf

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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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2009-A11192 (ACTIVE) - Details

See Senate Version of this Bill:
S2628
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Part 3 Title J Art 166 §166.00, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3799, S4373
2013-2014: A681, S2492
2015-2016: A1817, S4655
2017-2018: A5072, S2620
2019-2020: A3959, S366
2021-2022: A8931, S5240
2023-2024: A1579, S4192

2009-A11192 (ACTIVE) - Summary

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods.

2009-A11192 (ACTIVE) - Bill Text download pdf

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

                                  11192

                          I N  A S S E M B L Y

                              May 25, 2010
                               ___________

Introduced  by  M.  of  A.  D. WEPRIN  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law, in relation to the seizure and forfeiture
  of vehicles, vessels and aircraft used in counterfeit goods

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Title J of part 3 of the penal law is amended by adding a
new article 166 to read as follows:
                               ARTICLE 166
             SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND
                   AIRCRAFT USED IN COUNTERFEIT GOODS
SECTION 166.00 SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND  AIRCRAFT
                 USED IN COUNTERFEIT GOODS.
S 166.00 SEIZURE  AND  FORFEITURE OF VEHICLES, VESSELS AND AIRCRAFT USED
           IN COUNTERFEIT GOODS.
  1. ANY VEHICLE, VESSEL OR AIRCRAFT WHICH HAS BEEN OR IS BEING USED  IN
VIOLATION  OF  SECTION  165.71, 165.72, OR 165.73 OF THIS TITLE SHALL BE
SEIZED BY ANY PEACE OFFICER, WHO  IS  ACTING  PURSUANT  TO  HIS  SPECIAL
DUTIES,  OR  POLICE  OFFICER, AND FORFEITED AS PROVIDED IN THIS SECTION.
HOWEVER, SUCH FORFEITURE AND SEIZURE PROVISIONS SHALL NOT APPLY  TO  ANY
VEHICLE,  VESSEL  OR  AIRCRAFT USED BY ANY PERSON AS A COMMON CARRIER IN
THE TRANSACTION OF BUSINESS AS SUCH COMMON CARRIER.
  2. THE SEIZED PROPERTY SHALL BE DELIVERED BY  THE  POLICE  OFFICER  OR
PEACE  OFFICER  HAVING  MADE  THE SEIZURE TO THE CUSTODY OF THE DISTRICT
ATTORNEY OF THE COUNTY WHEREIN THE SEIZURE WAS  MADE,  TOGETHER  WITH  A
REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
  3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
THE  SEIZURE  IS  MADE,  TO  INQUIRE  INTO  THE  FACTS OF THE SEIZURE SO
REPORTED TO HIM AND IF IT APPEARS PROBABLE THAT A  FORFEITURE  HAS  BEEN
INCURRED  BY  REASON OF A VIOLATION OF SECTION 165.71, 165.72, OR 165.73
OF THIS TITLE,  FOR  THE  DETERMINATION  OF  WHICH  THE  INSTITUTION  OF
PROCEEDINGS  IN  THE  SUPREME  COURT  IS  NECESSARY, TO CAUSE THE PROPER
PROCEEDINGS TO BE COMMENCED AND PROSECUTED, AT  ANY  TIME  AFTER  THIRTY
DAYS  FROM  THE DATE OF THE SEIZURE, TO DECLARE SUCH FORFEITURE, UNLESS,

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

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