S T A T E   O F   N E W   Y O R K
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                                  2633

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 25, 2009
                               ___________

Introduced  by  Sens.  PADAVAN,  O. JOHNSON,  MORAHAN  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Codes

AN  ACT to amend the penal law, in relation to the disposal of allegedly
  stolen motor vehicles

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

  Section 1. Subdivision 1 and paragraph (a) of subdivision 4 of section
450.10  of  the  penal law, subdivision 1 as added by chapter 795 of the
laws of 1984 and paragraph (a) of subdivision 4 as  amended  by  chapter
421 of the laws of 1992, are amended to read as follows:
  1.  When  property,  other  than  STOLEN  MOTOR VEHICLES OR contraband
including but not limited to those items subject to  the  provisions  of
sections  410.00,  415.00, 420.00 and 420.05 of this chapter, alleged to
have been stolen is in the custody of a police officer, a peace  officer
or a district attorney and a request for its release is made prior to or
during  the  criminal  proceeding,  it  may  not  be  released except as
provided in subdivisions two, three and four of  this  section.  When  a
request  is  made  for the return of stolen property under this section,
the police officer, peace officer or district attorney in possession  of
such  property must provide written notice to the defendant or his coun-
sel of such request as soon as practicable. Such notice shall advise the
defendant or his counsel of the date  on  which  the  property  will  be
released and the name and address of a person with whom arrangements can
be  made  for  the  examination, testing, photographing, photocopying or
other reproduction of said property.
  (a) Except as provided in [paragraphs (b) and] PARAGRAPH (c)  of  this
subdivision and in subdivision eleven of this section, when a request is
made  for  the  release of property described in subdivision one of this
section, and the property shall consist of perishables, fungible  retail
items,  motor  vehicles or any other property release of which is neces-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03694-01-9
              

S. 2633                             2

sary for either the operation of a business or the health or welfare  of
any  person,  the property shall be retained until either the expiration
of a forty-eight hour period from the receipt by the defendant's counsel
of the notice of the request, or the examination, testing and photocopy-
ing,  photographing  or  other  reproduction  of  such  property, by the
parties whichever event occurs first. The forty-eight hour period may be
extended by up to twenty-four additional hours by agreement between  the
parties.  For  the  purposes of this section, perishables shall mean any
property likely to spoil or decay or  diminish  significantly  in  value
within twenty days of the initial retention of the property.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.