senate Bill S2333

2013-2014 Legislative Session

Authorizes claiming authorities to retain certain property for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Your valid home address is used to determine which NY State Senator Represents you.
Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.464
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Jun 04, 2013 referred to codes
delivered to assembly
passed senate
Jun 03, 2013 advanced to third reading
May 30, 2013 2nd report cal.
May 29, 2013 1st report cal.777
Jan 16, 2013 referred to codes

Co-Sponsors

S2333 - Details

See Assembly Version of this Bill:
A1503
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1349, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3829A, A6453A
2009-2010: S649, A6733

S2333 - Summary

Authorizes claiming authorities or agents to retain electronic, telecommunications or surveillance equipment or devices, computers, or office equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime.

S2333 - Sponsor Memo

S2333 - Bill Text download pdf

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

                                  2333

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by Sens. KLEIN, CARLUCCI, GALLIVAN, SAVINO -- 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 author-
  izing  a  claiming  authority  to  retain  personal  property  for law
  enforcement purposes

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

  Section  1.  The opening paragraph of subdivision 2 of section 1349 of
the civil practice law and rules, as added by chapter 655 of the laws of
1990, is amended to read as follows:
  If any other provision of law expressly governs the manner of disposi-
tion of property subject to the judgment or order  of  forfeiture,  that
provision  of  law shall be controlling.  Upon application by a claiming
agent for reimbursement of moneys directly expended by a claiming  agent
in  the underlying criminal investigation for the purchase of contraband
which were converted into a non-monetary form or  which  have  not  been
otherwise  recovered,  the  court  shall  direct such reimbursement from
money forfeited pursuant to this article. Upon application of the claim-
ing agent, the  court  may  direct  that  any  vehicles,  vessels  [or],
aircraft,  ELECTRONIC,  TELECOMMUNICATIONS  OR SURVEILLANCE EQUIPMENT OR
DEVICES, COMPUTERS AS DEFINED IN SUBDIVISION ONE OF  SECTION  156.00  OF
THE  PENAL LAW OR OFFICE EQUIPMENT forfeited pursuant to this article be
retained by the claiming agent for law enforcement purposes, unless  the
court  determines  that such property is subject to a perfected lien, in
which case the court may not direct that the property be retained unless
all such liens on the property to be retained  have  been  satisfied  or
pursuant  to  the  court's order will be satisfied. In the absence of an
application by the claiming agent, the claiming authority may  apply  to
the  court  to  retain  such property for law enforcement purposes. Upon
such application, the court may direct that such property be retained by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02668-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.