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

                                  1631

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 11, 2011
                               ___________

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02223-01-1
              

A. 1631                             2

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
provisional  remedy  provided under this article or any other provisions
of law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.