BILL NUMBER:A10900
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to extending forfeiture provisions to crimes of obscenity
PURPOSE OR GENERAL IDEA OF BILL: Mandates that a "Post-conviction
forfeiture crime" to be extended to include any misdemeanor or felony
defined in article two hundred thirty-five of the penal law or any felo-
ny defined in any other provision of the Penal law.
SUMMARY OF SPECIFIC PROVISIONS: Subdivision S of section 1310 of the
civil practice law and rules is amended to include any misdemeanor or
felony defined in article two hundred thirty-five of the penal law.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Amends Subdivision
5 of section 1310 of the Civil practice law and rules to include misde-
meanors and obscenity violations.
JUSTIFICATION: Many counties in New York State find it difficult to
reduce the proliferation of pornography and enforce the law when book-
stores are closed down for a couple of days, the owners pay a fine, and
then resume business as soon as the case is settled. This legislation
would allow the counties of New York State to become more effective in
closing down. pornographic stores, and in reducing the private
production and sale of pornographic material.
S T A T E O F N E W Y O R K
________________________________________________________________________
10900
I N A S S E M B L Y
April 29, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A. CROUCH
-- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to extend-
ing forfeiture provisions to crimes of obscenity
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 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:
5. "Post-conviction forfeiture crime" means ANY MISDEMEANOR OR FELONY
DEFINED IN ARTICLE TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW OR any felo-
ny defined in ANY OTHER PROVISION OF the penal law or any other chapter
of the consolidated laws of the state.
S 2. Paragraph (a) of subdivision 1 of section 1311 of the civil prac-
tice law and rules, as added by chapter 669 of the laws of 1984, is
amended to read as follows:
(a) Actions relating to post-conviction forfeiture crimes. An action
relating to a post-conviction forfeiture crime must be grounded upon a
conviction of a MISDEMEANOR OR felony defined in subdivision five of
section one thousand three hundred ten of this article, or upon criminal
activity arising from a common scheme or plan of which such a conviction
is a part, or upon a count of an indictment or information alleging SUCH
a MISDEMEANOR OR felony which was dismissed at the time of a plea of
guilty to a MISDEMEANOR OR felony in satisfaction of such count. A court
may not grant forfeiture until such conviction has occurred. However, an
action may be commenced, and a court may grant a provisional remedy
provided under this article, prior to such conviction having occurred.
An action under this paragraph must be dismissed at any time after sixty
days of the commencement of the action unless the conviction upon which
the action is grounded has occurred, or an indictment or information
upon which the asserted conviction is to be based is pending in a supe-
rior court. An action under this paragraph shall be stayed during the
pendency of a criminal action which is related to it; provided, however,
that such stay shall not prevent the granting or continuance of any
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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