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Assembly Bill A6733

2009-2010 Legislative Session

Authorizes claiming authorities to retain electronic/surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

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Archive: Last Bill Status - In Assembly Committee

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2009-A6733 (ACTIVE) - Details

See Senate Version of this Bill:
S649
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1349, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A6453, S3829
2013-2014: A1503, S2333
2015-2016: A1158, S855
2017-2018: A835, S4299
2019-2020: S516

2009-A6733 (ACTIVE) - Summary

Authorizes claiming authorities or agents to retain electronic equipment or devices and surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement officials after forfeiture.

2009-A6733 (ACTIVE) - Bill Text download pdf 

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

                                  6733

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

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

AN ACT to amend the civil practice law and rules, in relation to author-
  izing a claiming authority to  retain  electronic  equipment  for  law
  enforcement purposes

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

  Section 1. The opening paragraph of subdivision 2 of section  1349  of
the civil practice law and rules, as added by chapter 655 of the laws of
1990, is amended to read as follows:
  If any other provision of law expressly governs the manner of disposi-
tion  of  property  subject to the judgment or order of forfeiture, that
provision of law shall be controlling.  Upon application by  a  claiming
agent  for reimbursement of moneys directly expended by a claiming agent
in the underlying criminal investigation for the purchase of  contraband
which  were  converted  into  a non-monetary form or which have not been
otherwise recovered, the court  shall  direct  such  reimbursement  from
money forfeited pursuant to this article. Upon application of the claim-
ing  agent, the court may direct that any vehicles, ELECTRONIC EQUIPMENT
OR DEVICES, SURVEILLANCE EQUIPMENT, vessels or aircraft forfeited pursu-
ant to this article be retained by the claiming agent for  law  enforce-
ment purposes, unless the court determines that such property is subject
to  a  perfected  lien,  in which case the court may not direct that the
property be retained unless  all  such  liens  on  the  property  to  be
retained  have  been  satisfied or pursuant to the court's order will be
satisfied. In the absence of an application by the claiming  agent,  the
claiming  authority  may  apply to the court to retain such property for
law enforcement purposes. Upon such application, the  court  may  direct
that  such  property  be  retained  by  the  claiming  authority for law
enforcement purposes, unless the court determines that such property  is
subject  to  a perfected lien. If not so retained, the judgment or order

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05218-01-9

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