S T A T E O F N E W Y O R K
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6533
2011-2012 Regular Sessions
I N A S S E M B L Y
March 21, 2011
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Introduced by M. of A. KOLB, HAWLEY, CROUCH -- Multi-Sponsored by -- M.
of A. CORWIN, JORDAN, P. LOPEZ, RAIA -- read once and referred 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.
LBD05155-01-1
A. 6533 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.