senate Bill S2492

2013-2014 Legislative Session

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

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 bill?

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 29, 2014 referred to codes
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.753
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.779
Jan 17, 2013 referred to codes

Votes

view votes

May 13, 2014 - Codes committee Vote

S2492
14
0
committee
14
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 29, 2013 - Codes committee Vote

S2492
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S2492 - Bill Details

See Assembly Version of this Bill:
A681
Current Committee:
Law Section:
Penal Law
Laws Affected:
Add Part 3 Title J Art 166 ยง166.00, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4373, A3799
2009-2010: S2628, A11192, A3329

S2492 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S2492

TITLE OF BILL: An act to amend the penal law, in relation to the
seizure and forfeiture of vehicles, vessels and aircraft used in
counterfeit goods

PURPOSE: To provide for the seizure and forfeiture of the property
used in trafficking in counterfeit goods.

SUMMARY OF PROVISIONS: This legislation would provide for the seizure
and forfeiture of the property of trademark counterfeiters and those
who traffic in counterfeit goods.

JUSTIFICATION: Trademark counterfeiting is a serious problem which is
reportedly getting worse. The counterfeit goods trade comprises the
sale of so-called knock-offs of brand-name products as well as pirated
intellectual property, including "bootleg" DVDs. It has been estimated
that this illicit trade takes billions of dollars out of the state's
economy, with an annual fiscal impact of over $2.6 billion in lost
revenue. This legislation would provide for the seizure and forfeiture
of the property used in trafficking in counterfeit goods.

LEGISLATIVE HISTORY: 2012: S.4373 - Passed Senate / A.3799 - Referred
to Codes 2011: S.4373 - Passed Senate / A.3799 - Referred to Codes
2010: S.2628 - Referred to Codes/A.11192 - Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first day of November next succeeding the date on
which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2492

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- 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 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.
                                                           LBD03813-01-3

S. 2492                             2

PROCEEDINGS  IN  THE  SUPREME  COURT  IS  NECESSARY, TO CAUSE THE PROPER
PROCEEDINGS TO BE COMMENCED AND PROSECUTED, AT  ANY  TIME  AFTER  THIRTY
DAYS  FROM  THE DATE OF THE SEIZURE, TO DECLARE SUCH FORFEITURE, UNLESS,
UPON  INQUIRY  AND  EXAMINATION,  SUCH  DISTRICT ATTORNEY OR CORPORATION
COUNSEL DECIDES THAT SUCH PROCEEDINGS CAN NOT PROBABLY BE  SUSTAINED  OR
THAT  THE  ENDS  OF  PUBLIC  JUSTICE  DO NOT REQUIRE THAT THEY SHOULD BE
INSTITUTED OR PROSECUTED, IN WHICH CASE, THE DISTRICT ATTORNEY OR CORPO-
RATION COUNSEL SHALL CAUSE SUCH SEIZED PROPERTY TO BE  RETURNED  TO  THE
OWNER THEREOF.
  4.  NOTICE  OF  THE  INSTITUTION OF THE FORFEITURE PROCEEDING SHALL BE
SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE  SEIZED  PROPERTY,  OR
(B) BY REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICA-
TION  OF  THE NOTICE ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER
PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
  5. FORFEITURE SHALL NOT BE ADJUDGED  WHERE  THE  OWNERS  ESTABLISH  BY
PREPONDERANCE  OF THE EVIDENCE THAT (A) THE USE OF SUCH SEIZED PROPERTY,
IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, WAS NOT
INTENTIONAL ON THE PART OF ANY OWNER, OR (B) SUCH  SEIZED  PROPERTY  WAS
USED IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, BY
ANY  PERSON  OTHER THAN AN OWNER THEREOF, WHILE SUCH SEIZED PROPERTY WAS
UNLAWFULLY IN THE POSSESSION OF A PERSON WHO ACQUIRED POSSESSION THEREOF
IN VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES, OR OF ANY STATE.
  6. THE DISTRICT ATTORNEY OR THE POLICE DEPARTMENT  HAVING  CUSTODY  OF
THE  SEIZED  PROPERTY,  AFTER SUCH JUDICIAL DETERMINATION OF FORFEITURE,
SHALL, AT THEIR DISCRETION, EITHER RETAIN SUCH SEIZED PROPERTY  FOR  THE
OFFICIAL USE OF THEIR OFFICE OR DEPARTMENT, OR, BY A PUBLIC NOTICE OF AT
LEAST  FIVE  DAYS,  SELL SUCH FORFEITED PROPERTY AT PUBLIC SALE. THE NET
PROCEEDS OF ANY SUCH  SALE,  AFTER  DEDUCTION  OF  THE  LAWFUL  EXPENSES
INCURRED,  SHALL BE PAID INTO THE GENERAL FUND OF THE COUNTY WHEREIN THE
SEIZURE WAS MADE.
  7. WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED  AND
DECLARED  FORFEITED  UNDER  THE  PROVISIONS OF THIS SECTION FILES WITH A
JUSTICE OF THE SUPREME  COURT  A  PETITION  FOR  THE  RECOVERY  OF  SUCH
FORFEITED  PROPERTY,  THE  JUSTICE OF THE SUPREME COURT MAY RESTORE SUCH
FORFEITED PROPERTY UPON SUCH TERMS AND CONDITIONS AS HE DEEMS REASONABLE
AND JUST, IF  THE  PETITIONER  ESTABLISHES  EITHER  OF  THE  AFFIRMATIVE
DEFENSES  SET  FORTH  IN  SUBDIVISION  FIVE OF THIS SECTION AND THAT THE
PETITIONER WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE  OF  THE  FORFEITURE
PROCEEDING.  IF  THE  PETITION  IS FILED AFTER THE SALE OF THE FORFEITED
PROPERTY, ANY JUDGMENT IN FAVOR OF THE PETITIONER SHALL  BE  LIMITED  TO
THE NET PROCEEDS OF SUCH SALE AFTER DEDUCTION OF THE LAWFUL EXPENSES AND
COSTS  INCURRED  BY  THE  DISTRICT ATTORNEY, POLICE DEPARTMENT OR CORPO-
RATION COUNSEL.
  8. NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL  BE
INSTITUTED  UNLESS  SUCH  SUIT  OR  ACTION IS COMMENCED WITHIN TWO YEARS
AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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.