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Assembly Bill A6453

2011-2012 Legislative Session

Authorizes claiming authorities to retain certain property for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2011-A6453 - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A6733
2013-2014: A1503
2015-2016: A1158
2017-2018: A835

2011-A6453 - Summary

Authorizes claiming authorities or agents to retain electronic, telecommunications or surveillance equipment or devices, computers, or office equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime.

2011-A6453 - Bill Text download pdf 

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

                                  6453

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the civil practice law and rules, in relation to author-
  izing a  claiming  authority  to  retain  personal  property  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, vessels [or],
aircraft,  ELECTRONIC  EQUIPMENT  OR  DEVICES,  SURVEILLANCE  EQUIPMENT,
COMPUTERS, OFFICE EQUIPMENT AND OTHER PERSONAL PROPERTY 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.
                                                           LBD09630-01-1

co-Sponsors

2011-A6453A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A6733
2013-2014: A1503
2015-2016: A1158
2017-2018: A835

2011-A6453A (ACTIVE) - Summary

Authorizes claiming authorities or agents to retain electronic, telecommunications or surveillance equipment or devices, computers, or office equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime.

2011-A6453A (ACTIVE) - Bill Text download pdf 

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

                                 6453--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 17, 2011
                               ___________

Introduced  by  M. of A. GUNTHER, SKARTADOS -- read once and referred to
  the Committee on Codes -- recommitted to the  Committee  on  Codes  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN ACT to amend the civil practice law and rules, in relation to author-
  izing  a  claiming  authority  to  retain  personal  property  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,  vessels  [or],
aircraft,  ELECTRONIC,  TELECOMMUNICATIONS  OR SURVEILLANCE EQUIPMENT OR
DEVICES, COMPUTERS AS DEFINED IN SUBDIVISION ONE OF  SECTION  156.00  OF
THE  PENAL LAW OR OFFICE EQUIPMENT forfeited pursuant to this article be
retained by the claiming agent for law enforcement 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09630-05-2

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