Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jun 09, 2014 |
referred to codes delivered to assembly passed senate |
Jun 03, 2014 |
ordered to third reading cal.1147 committee discharged and committed to rules |
May 23, 2014 |
referred to codes |
Senate Bill S7658
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
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
(D) 22nd Senate District
2013-S7658 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
2013-S7658 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7658 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
2013-S7658 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7658 I N S E N A T E 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
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