senate Bill S987

2009-2010 Legislative Session

Includes vehicle as an instrumentality of the crime of driving while intoxicated

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to codes
Jan 22, 2009 referred to codes

S987 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยงยง1310 & 1311, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S2303

S987 (ACTIVE) - Summary

Specifically includes a motor vehicle as an "instrumentality" of the crime when the charge is one of driving while intoxicated and also requires the district attorney to seek civil forfeiture of a vehicle upon a third charge of DWI within a 5 year period.

S987 (ACTIVE) - Sponsor Memo

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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