|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 25, 2014||referred to codes|
delivered to assembly
|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
|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|
senate Bill S4486
Relates to forfeitures
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (16)
Mar 25, 2014 - floor VoteS4486610floor61Aye0Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Mar 25, 2014aye (61)
Feb 27, 2014 - Codes committee VoteS4486140committee14Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
Apr 29, 2013 - floor VoteS4486600floor60Aye0Nay0Absent3Excused0Abstained
show floor vote details
Floor Vote: Apr 29, 2013aye (60)
Apr 22, 2013 - Codes committee VoteS4486150committee15Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S4486 - Bill Details
- Current Committee:
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
S4486 - Bill Texts
Relates to forfeitures of vessels, aircrafts, computers, printers or computer monitors.
view sponsor memo
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.
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.
This bill could reduce expenses of law enforcement agencies.
This bill would take effect immediately.
view full text
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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