NY State Senate Bill 2009-S649

Senate Bill S649

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 Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Jan 12, 2009	referred to codes

co-Sponsors

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2009-S649 (ACTIVE) - Details

See Assembly Version of this Bill:: A6733
Current Committee:: Senate Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §1349, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3829, A6453
2013-2014: S2333, A1503
2015-2016: S855, A1158
2017-2018: S4299, A835
2019-2020: S516

2009-S649 (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-S649 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S649

 TITLE OF BILL :
An act to amend the civil practice law and rules, in relation to
authorizing a claiming authority to retain electronic equipment for
law enforcement purposes


 PURPOSE :
This bill permits law enforcement officials to retain electronic
equipment or devices and surveillance equipment that has been seized
and forfeited, in order to utilize the equipment for law enforcement
purposes.

 SUMMARY OF PROVISIONS :
This bill amends § 1349 of the Civil Practice Law and Rules (CPLR) to
add electronic equipment or devices and surveillance equipment to
items such as vehicles, vessels, and aircraft which may be retained by
law enforcement entities after forfeiture and used for law enforcement
purposes.

 EXISTING LAW :
This valuable equipment can not now be used by law enforcement
officials.

 JUSTIFICATION :

Under current law, any vehicle, vessel or aircraft seized and
forfeited as crime proceeds may be retained by the seizing
jurisdiction and used in law enforcement activities. This statutory
authority enhances the ability of law enforcement officials to combat
crime, while at the same time saving taxpayer dollars by avoiding the
need to purchase these expensive items.

Law enforcement agencies often seize electronic equipment such as
computers, video equipment and fax machines, and surveillance
equipment such as night vision goggles which are superior to the
equipment used by police agencies, and which could be used to help
combat crime or reduce auto theft.  Unfortunately, under current law,
such electronic equipment cannot be forfeited. Instead, this valuable
equipment must be auctioned off in accordance with Article 51 of the
CPLR.  The auction process is slow and costly, and produces only a
fraction of the value of the goods, even when the electronic equipment
is in good condition.

 LEGISLATIVE HISTORY :
S.78 of 2005/2006, S.201 of 2007/2008

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :
This measure would have a positive fiscal impact, because it would
make such sophisticated equipment free and available for use by law
enforcement officials, thereby saving taxpayer dollars that otherwise
would be used to purchase this expensive equipment.

 LOCAL FISCAL IMPLICATIONS :
This measure would have a positive fiscal impact on local law
enforcement agencies.

 EFFECTIVE DATE :
Immediate.

2009-S649 (ACTIVE) - Bill Text download pdf

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

                                   649

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 12, 2009
                               ___________

Introduced  by Sens. LARKIN, BONACIC, GOLDEN, LEIBELL, SALAND, SKELOS --
  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 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

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

S. 649                              2

subject to a perfected lien. If not so retained, the judgment  or  order
shall  direct  the claiming authority to sell the property in accordance
with article fifty-one of this chapter, and that the  proceeds  of  such
sale  and  any  other moneys realized as a consequence of any forfeiture
pursuant to this article shall be apportioned and paid in the  following
descending order of priority:
  S 2. This act shall take effect immediately.

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Senate Bill S649

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Sponsored By

William Larkin

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

John J. Bonacic

Martin J. Golden

Vincent L. Leibell

Stephen M. Saland

2009-S649 (ACTIVE) - Details

2009-S649 (ACTIVE) - Summary

2009-S649 (ACTIVE) - Sponsor Memo

2009-S649 (ACTIVE) - Bill Text download pdf

Comments