Assembly Bill A3799

2011-2012 Legislative Session

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods

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Archive: Last Bill Status - In Assembly 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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2011-A3799 (ACTIVE) - Details

See Senate Version of this Bill:
S4373
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Part 3 Title J Art 166 §166.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11192, A3329, S2628
2013-2014: A681, S2492
2015-2016: A1817, S4655
2017-2018: A5072, S2620
2019-2020: A3959, S366
2021-2022: A8931, S5240
2023-2024: A1579, S4192

2011-A3799 (ACTIVE) - Summary

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods.

2011-A3799 (ACTIVE) - Bill Text download pdf

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

                                  3799

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Codes

AN ACT to amend the penal law, in relation to the seizure and forfeiture
  of vehicles, vessels and aircraft used in counterfeit goods

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

  Section 1. Title J of part 3 of the penal law is amended by  adding  a
new article 166 to read as follows:
                               ARTICLE 166
             SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND
                   AIRCRAFT USED IN COUNTERFEIT GOODS
SECTION 166.00 SEIZURE  AND FORFEITURE OF VEHICLES, VESSELS AND AIRCRAFT
                 USED IN COUNTERFEIT GOODS.
S 166.00 SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND  AIRCRAFT  USED
           IN COUNTERFEIT GOODS.
  1.  ANY VEHICLE, VESSEL OR AIRCRAFT WHICH HAS BEEN OR IS BEING USED IN
VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS  TITLE  SHALL  BE
SEIZED  BY  ANY  PEACE  OFFICER,  WHO  IS ACTING PURSUANT TO HIS SPECIAL
DUTIES, OR POLICE OFFICER, AND FORFEITED AS PROVIDED  IN  THIS  SECTION.
HOWEVER,  SUCH  FORFEITURE AND SEIZURE PROVISIONS SHALL NOT APPLY TO ANY
VEHICLE, VESSEL OR AIRCRAFT USED BY ANY PERSON AS A  COMMON  CARRIER  IN
THE TRANSACTION OF BUSINESS AS SUCH COMMON CARRIER.
  2.  THE  SEIZED  PROPERTY  SHALL BE DELIVERED BY THE POLICE OFFICER OR
PEACE OFFICER HAVING MADE THE SEIZURE TO THE  CUSTODY  OF  THE  DISTRICT
ATTORNEY  OF  THE  COUNTY  WHEREIN THE SEIZURE WAS MADE, TOGETHER WITH A
REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
  3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
THE SEIZURE IS MADE, TO  INQUIRE  INTO  THE  FACTS  OF  THE  SEIZURE  SO
REPORTED  TO  HIM  AND IF IT APPEARS PROBABLE THAT A FORFEITURE HAS BEEN
INCURRED BY REASON OF A VIOLATION OF SECTION 165.71, 165.72,  OR  165.73
OF  THIS  TITLE,  FOR  THE  DETERMINATION  OF  WHICH  THE INSTITUTION OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05053-01-1
              

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