senate Bill S2019

2013-2014 Legislative Session

Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Feb 11, 2014 advanced to third reading
Feb 10, 2014 2nd report cal.
Feb 04, 2014 1st report cal.134
Jan 08, 2014 referred to codes
Jun 21, 2013 committed to rules
May 21, 2013 advanced to third reading
May 20, 2013 2nd report cal.
May 08, 2013 1st report cal.602
Jan 09, 2013 referred to codes

Votes

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Feb 4, 2014 - Codes committee Vote

S2019
10
1
committee
10
Aye
1
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: Feb 4, 2014

nay (1)

May 8, 2013 - Codes committee Vote

S2019
10
0
committee
10
Aye
0
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 8, 2013

excused (1)

Co-Sponsors

S2019 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง165.74, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S3660

S2019 - Bill Texts

view summary

Authorizes distribution of seized counterfeit goods to the needy after permanent alteration of the items so that the items cannot be mistaken for the authentic items.

view sponsor memo
BILL NUMBER:S2019

TITLE OF BILL: An act to amend the penal law, in relation to authoriz-
ing distribution of seized counterfeit goods to the needy after perma-
nent alteration of the items

PURPOSE: To authorize the distribution of seized counterfeit goods to
the needy.

SUMMARY OF PROVISIONS:

Section one amends section 165.74 of the penal law authorizing the
distribution of seized goods bearing counterfeit trademarks to a chari-
table organization for distribution to the needy, once there has been
permanent alteration of the items so as to not be mistaken for authentic
items.

Section two provides for an immediate effective date.

EXISTING LAW: Current law states that the counterfeit items must be
destroyed.

JUSTIFICATION: Under this legislation, confiscated counterfeit items
could actually help someone in need. Once the products have been altered
to insure that they are marked as imitation and found to be safe, they
could be donated to nonprofit organizations who could then distribute
the merchandise to persons living in poverty. At present, counterfeit
goods have to be destroyed.

LEGISLATIVE HISTORY: 2011-12 S. 3660 - Codes Committee.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediate.

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

                                  2019

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRIFFO, GOLDEN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to  authorizing  distribution
  of seized counterfeit goods to the needy after permanent alteration of
  the items

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

  Section 1. Section 165.74 of the penal law, as amended by chapter  535
of the laws of 1995, is amended to read as follows:
S 165.74 Seizure  and  destruction  of  goods bearing counterfeit trade-
           marks.
  Any  goods  manufactured,  sold,  offered  for  sale,  distributed  or
produced  in violation of this article may be seized by any police offi-
cer. The magistrate must, within forty-eight hours after arraignment  of
the  defendant,  determine whether probable cause exists to believe that
the goods had been manufactured, sold, offered for sale, distributed  or
produced  in violation of this article, and upon a finding that probable
cause exists to believe that the  goods  had  been  manufactured,  sold,
offered for sale, distributed, or produced in violation of this article,
the court shall authorize such articles to be retained as evidence pend-
ing  the  trial of the defendant.  Upon conviction of the defendant, the
articles in respect whereof the  defendant  stands  convicted  shall  be
destroyed.   Destruction shall not include auction, sale or distribution
of the items in their original form BUT MAY INCLUDE  DISTRIBUTION  TO  A
CHARITABLE  ORGANIZATION  FOR  FREE DISTRIBUTION TO THE NEEDY ONCE THERE
HAS BEEN PERMANENT ALTERATION OF  THE  ITEMS  SO  THAT  THEY  CANNOT  BE
MISTAKEN  FOR  THE  AUTHENTIC  ITEMS  BY  EITHER THE GENERAL PUBLIC OR A
RETAIL MERCHANT.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06467-01-3

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