senate Bill S4486

2013-2014 Legislative Session

Relates to forfeitures

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 25, 2014 referred to codes
delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.217
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 29, 2013 referred to codes
delivered to assembly
passed senate
Apr 24, 2013 advanced to third reading
Apr 23, 2013 2nd report cal.
Apr 22, 2013 1st report cal.378
Apr 03, 2013 referred to codes

Votes

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Feb 27, 2014 - Codes committee Vote

S4486
14
0
committee
14
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Apr 22, 2013 - Codes committee Vote

S4486
15
0
committee
15
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

S4486 - Bill Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR

S4486 - Bill Texts

view summary

Relates to forfeitures of vessels, aircrafts, computers, printers or computer monitors.

view sponsor memo
BILL NUMBER:S4486

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to forfeitures

Purpose of Bill:

This bill would amend the Civil Practice Law and Rules (CPLR) to give
police and sheriff's departments the authority to retain and computer
equipment forfeited under New York's civil forfeiture law and to use
it for law enforcement purposes.

Summary of Provisions:

Section one of the bill would amend CPLR § 1349(2) to add computers,
printers and computer monitors to the list of forfeited items that may
be put into official use by a police department instead of being sold
at a public auction.

Section two of the bill would provide an immediate effective date.

Existing Law:

Under existing law, a "claiming agent," which is defined to include
certain law enforcement agencies described in the Criminal Procedure
Law, may retain certain property forfeited pursuant to Article 13-A of
the CPLR, unless the court determines that such property is subject to
a perfected lien and directs that it not be retained. CPLR § 1349(2)
currently lists "vehicles, vessels or aircraft" as the types of
property that may be retained and used by law enforcement agencies
pursuant to this authority.

Prior Legislative History:

This is a new bill.

Statement in Support:

This bill would expand the types of forfeited property that may be put
to use by a law enforcement agency that is responsible for the
investigation that led to the forfeiture. Current law allows for
vehicles, vessels and aircraft to be put to such use, and all other
forfeited items must be sold, with the proceeds distributed in
accordance with a plan set forth in CPLR § 1349. While this system is
appropriate for cases where the forfeited items have substantial
value, the resale value of used computers, printers and monitors is
such that they are unlikely to attract significant bids at auction.
However, in the present fiscal climate, most police agencies do not
have the means to purchase additional computer equipment. As a result,
this type of equipment may often be more useful to police departments
than it is valuable to others.

This amendment would remove the requirement that this forfeited
equipment be sold, and would give law enforcement the authority to use
the equipment, in the same manner that vehicles forfeited under this
article can be put into official use.


Budget Implications:

This bill could reduce expenses of law enforcement agencies.

Effective Date:

This bill would take effect immediately.

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

                                  4486

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              April 3, 2013
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at request of the Division of State
  Police) -- 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 forfei-
  tures

  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, COMPUTERS, PRINTERS OR COMPUTER MONITORS 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 the claiming authority for law  enforcement
purposes, unless the court determines that such property is subject to a
perfected  lien.  If not so retained, the judgment or order shall direct

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09378-01-3

S. 4486                             2

the claiming authority to sell the property in accordance  with  article
fifty-one  of  this  chapter, and that the proceeds of such sale and any
other moneys realized as a consequence of  any  forfeiture  pursuant  to
this  article  shall be apportioned and paid in the following descending
order of priority:
  S 2. This act shall take effect immediately.

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