senate Bill S4486

2013-2014 Legislative Session

Relates to forfeitures

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

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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

S4486 - Details

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

S4486 - Summary

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

S4486 - Sponsor Memo

S4486 - Bill Text download pdf

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


                       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-


  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.


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