senate Bill S7658

2013-2014 Legislative Session

Relates to forfeiture allocations of property

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2014 referred to codes
delivered to assembly
passed senate
Jun 03, 2014 ordered to third reading cal.1147
committee discharged and committed to rules
May 23, 2014 referred to codes

Votes

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Co-Sponsors

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S7658 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1349, CPLR

S7658 - Summary

Relates to forfeiture allocations of property.

S7658 - Sponsor Memo

S7658 - Bill Text download pdf

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

                                  7658

                            I N  S E N A T E

                              May 23, 2014
                               ___________

Introduced  by  Sens.  NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
  GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO,  MARCHIONE,
  MARTINS,   MAZIARZ,  O'MARA,  RANZENHOFER,  RITCHIE,  ROBACH,  SAVINO,
  SEWARD, VALESKY, YOUNG -- 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-
  ture allocations

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

  Section 1. Paragraphs (e) and (g) of subdivision 2 of section 1349  of
the  civil practice law and rules, paragraph (e) as added by chapter 655
of the laws of 1990 and paragraph (g) as amended by chapter 398  of  the
laws of 2004, are amended to read as follows:
  (e)  In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, [fifteen] TWENTY-FIVE  percent  of  all  moneys
realized through forfeiture to the claiming authority in satisfaction of
actual costs and expenses incurred in the investigation, preparation and
litigation  of  the  forfeiture action, including that proportion of the
salaries of the attorneys, clerical and investigative personnel  devoted
thereto,  plus  all costs and disbursements taxable under the provisions
of this chapter. IF THE ACTUAL COSTS SUBMITTED BY THE CLAIMING AUTHORITY
PURSUANT TO THIS PARAGRAPH ARE LESS THAN THE CORPUS OF  THE  TWENTY-FIVE
PERCENT  ALLOCATED  AND ALLOWABLE FOR REIMBURSEMENT BY THIS SUBDIVISION,
THE CLAIMING AUTHORITY MAY RETAIN THE ADDITIONAL MONIES  IN  A  DISTINCT
SUBACCOUNT  SEGREGATED  FROM  THE  CLAIMING  AUTHORITY'S OTHER OPERATING
ACCOUNTS, SAID ADDITIONAL MONIES SHALL  BE  RESTRICTED  TO  USE  BY  THE
CLAIMING AUTHORITY ONLY FOR INVESTIGATION AND PROSECUTION OF ARTICLE TWO
HUNDRED TWENTY OFFENSES OF THE PENAL LAW;
  (g)  [Forty]  FIFTY  percent of all moneys realized through forfeiture
which are remaining  after  distributions  pursuant  to  paragraphs  (a)
through (f) of this subdivision, to the chemical dependence service fund
established pursuant to section ninety-seven-w of the state finance law;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
S                                                          LBD15368-02-4

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