|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 06, 2010||referred to codes|
|Jan 22, 2009||referred to codes|
senate Bill S987
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S987 (ACTIVE) - Details
S987 (ACTIVE) - Sponsor Memo
BILL NUMBER: S987 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to civil forfeiture of a motor vehicle in connection with a DWI charge SUMMARY : Amends Civil Practice Law & Rules Section 1310 to explicitly include a vehicle as the "instrumentality of a crime" when the crime charged is driving while intoxicated. Amends CPLR Section 1311 to require a claiming authority to pursue a forfeiture action against the vehicle of a driver who is charged with a third DWI within the preceding 5 years. JUSTIFICATION : Current law permits a claiming authority (generally the local district attorney) to seek the civil forfeiture of the instrumentality of a crime. Case law has established that a vehicle is the "instrumentality of a crime" where the defendant is charged with felony intoxicated driving. This change would alert prosecutors to the option of civil forfeiture for problem drunk drivers. In addition, this bill would require prosecutors to initiate civil forfeiture proceedings against drivers charged with a third felony-level DWI offense within the preceding 5 years. In essence, it would create a "three strikes and you're out" law for drunk drivers.
S987 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 987 2009-2010 Regular Sessions I N S E N A T E January 22, 2009 ___________ Introduced by Sen. KRUGER -- 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 civil forfeiture of a motor vehicle in connection with a DWI charge THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1310 of the civil practice law and rules, as added by chapter 669 of the laws of 1984, is amended to read as follows: 4. "Instrumentality of a crime" means any property, other than real property and any buildings, fixtures, appurtenances, and improvements thereon, whose use contributes directly and materially to the commission of a crime defined in subdivisions five and six [hereof] OF THIS SECTION, INCLUDING A VEHICLE, WHERE THE DRIVER IS CHARGED WITH A FELONY UNDER SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. S 2. The opening paragraph of subdivision 1 of section 1311 of the civil practice law and rules, as amended by chapter 655 of the laws of 1990, is amended to read as follows: A civil action may be commenced by the appropriate claiming authority against a criminal defendant to recover the property which constitutes the proceeds of a crime, the substituted proceeds of a crime, an instru- mentality of a crime or the real property instrumentality of a crime or to recover a money judgment in an amount equivalent in value to the property which constitutes the proceeds of a crime, the substituted proceeds of a crime, an instrumentality of a crime, or the real property instrumentality of a crime. A CIVIL ACTION MUST BE COMMENCED TO RECOVER A VEHICLE WHERE THE DEFENDANT STANDS ACCUSED OF VIOLATING SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AND THE DEFENDANT HAS BEEN TWICE CONVICTED OF VIOLATING SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06791-01-9
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