senate Bill S3660

Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Mar / 2011
    • REFERRED TO CODES
  • 15 / Mar / 2011
    • 1ST REPORT CAL.228
  • 16 / Mar / 2011
    • 2ND REPORT CAL.
  • 21 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2011
    • PASSED SENATE
  • 20 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 20 / Jun / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items so that the items cannot be mistaken for the authentic items.

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Bill Details

Versions:
S3660
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง165.74, Pen L

Sponsor Memo

BILL NUMBER:S3660

TITLE OF BILL:
An act
to amend the penal law, in relation to authorizing distribution of
seized counterfeit goods to the needy after permanent alteration of the
items

PURPOSE:
To authorize the distribution of seized counterfeit goods to the needy.

SUMMARY OF PROVISIONS:
Section one amends section 165.74 of the penal law authorizing the
distribution of seized goods bearing counterfeit trademarks to a
charitable organization for distribution to the needy, once there has
been permanent alteration of the items so as to not be mistaken for
authentic items.

Section two provides for an immediate effective date.

EXISTING LAW:
Current law states that the counterfeit items must be destroyed.

JUSTIFICATION:
Under this legislation, confiscated counterfeit items could actually
help someone in need. Once the products have been altered to insure
that they are marked as imitation and found to be safe, they could be
donated to nonprofit organizations who could then distribute the
merchandise to persons living in poverty.

At present, counterfeit goods have to be destroyed.

LEGISLATIVE HISTORY:
New.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

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

                                  3660

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 1, 2011
                               ___________

Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  authorizing  distribution
  of seized counterfeit goods to the needy after permanent alteration of
  the items

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

  Section 1. Section 165.74 of the penal law, as amended by chapter  535
of the laws of 1995, is amended to read as follows:
S 165.74 Seizure  and  destruction  of  goods bearing counterfeit trade-
           marks.
  Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
produced  in violation of this article may be seized by any police offi-
cer. The magistrate must, within forty-eight hours after arraignment  of
the  defendant,  determine whether probable cause exists to believe that
the goods had been manufactured, sold, offered for sale, distributed  or
produced  in violation of this article, and upon a finding that probable
cause exists to believe that the  goods  had  been  manufactured,  sold,
offered for sale, distributed, or produced in violation of this article,
the court shall authorize such articles to be retained as evidence pend-
ing  the  trial of the defendant.  Upon conviction of the defendant, the
articles in respect whereof the  defendant  stands  convicted  shall  be
destroyed.   Destruction shall not include auction, sale or distribution
of the items in their original form BUT MAY INCLUDE  DISTRIBUTION  TO  A
CHARITABLE  ORGANIZATION  FOR  FREE DISTRIBUTION TO THE NEEDY ONCE THERE
HAS BEEN PERMANENT ALTERATION OF  THE  ITEMS  SO  THAT  THEY  CANNOT  BE
MISTAKEN  FOR  THE  AUTHENTIC  ITEMS  BY  EITHER THE GENERAL PUBLIC OR A
RETAIL MERCHANT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09412-01-1

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