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Senate Bill S2303

2011-2012 Legislative Session

Includes vehicle as an instrumentality of the crime of driving while intoxicated

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Sponsored By

Archive: Last Bill Status - In Senate Committee Alcoholism And Drug Abuse Committee

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2011-S2303 (ACTIVE) - Details

Current Committee:
Senate Alcoholism And Drug Abuse
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยงยง1310 & 1311, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S987

2011-S2303 (ACTIVE) - Summary

Includes a motor vehicle as an "instrumentality of the crime" when the charge is one of driving while intoxicated and also requires the district attorney to seek civil forfeiture of a vehicle upon a third charge of DWI within a 5 year period.

2011-S2303 (ACTIVE) - Sponsor Memo

2011-S2303 (ACTIVE) - Bill Text download pdf 

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

                                  2303

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- 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  civil
  forfeiture of a motor vehicle in connection with a DWI charge

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

  Section 1. Subdivision 4 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:
  4.  "Instrumentality  of  a crime" means any property, other than real
property and any buildings, fixtures,  appurtenances,  and  improvements
thereon, whose use contributes directly and materially to the commission
of  a  crime  defined  in  subdivisions  five  and  six [hereof] OF THIS
SECTION, INCLUDING A VEHICLE, WHERE THE DRIVER IS CHARGED WITH A  FELONY
UNDER   SUBDIVISION  TWO,  THREE  OR  FOUR  OF  SECTION  ELEVEN  HUNDRED
NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  S 2. The opening paragraph of subdivision 1 of  section  1311  of  the
civil  practice  law and rules, as amended by chapter 655 of the laws of
1990, is amended to read as follows:
  A civil action may be commenced by the appropriate claiming  authority
against  a  criminal defendant to recover the property which constitutes
the proceeds of a crime, the substituted proceeds of a crime, an instru-
mentality of a crime or the real property instrumentality of a crime  or
to  recover  a  money  judgment  in an amount equivalent in value to the
property which constitutes the proceeds  of  a  crime,  the  substituted
proceeds of a crime, an instrumentality of a crime, or the real property
instrumentality of a crime.  A CIVIL ACTION MUST BE COMMENCED TO RECOVER
A  VEHICLE  WHERE  THE DEFENDANT STANDS ACCUSED OF VIOLATING SUBDIVISION
TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF  THE  VEHICLE
AND  TRAFFIC LAW AND THE DEFENDANT HAS BEEN TWICE CONVICTED OF VIOLATING
SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED  NINETY-TWO  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06951-01-1

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