senate Bill S7658

2013-2014 Legislative Session

Relates to forfeiture allocations of property

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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

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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 - Bill Details

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

S7658 - Bill Texts

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Relates to forfeiture allocations of property.

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BILL NUMBER:S7658

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

PURPOSE AND EXISTING LAW: Asset forfeiture is the confiscation of
assets that are either the proceeds of crime or the instrumentalities
of crime. Chapter 655 of the Laws of 1990 significantly amended the
existing forfeiture provisions of Article 13-A of New York State's
Civil Practice Laws and Rules (CPLR) and enacted new criminal
forfeiture provisions for felony controlled substance offenses in
Article 480 of the state's Penal Law. The present amendments
redistribute the amounts required by to law to better provide for the
organizations that actually conduct the operations necessary to obtain
forfeitures in criminal cases. This legislation allows claiming
authorities to receive more of the monies realized by fruits of their
labor. These moneys are presently going to certain state funds
maintained by the Division of Criminal Justice Services, this
legislation requires that 50 percent more of the monies that were
going to the DCJS accountants are to be made available to the Claiming
authority and additional monies to accounts the chemical dependence
service fund. Thereby earmarking more monies for treatment and future
prosecutions.

The other monies which remain will still go to the DCJS state funds
but are to be split between two funds that provide monies to police
departments and district attorneys equally and the amounts set aside
for district attorneys are also limited to use for investigation of
drug offenses whereas previously such funds were general funds to be
used for penal law offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 1359 of the CPLR paragraph e and g of
subdivision two, which provides the percentage disbursement of monies
seized trough he asset forfeiture provisions of the Criminal Procedure
Law. Specifically section one provides that 25% instead of 15% of the
monies recovered and available after the statutory priorities are
complied with is to be made available to the claiming authority.
These monies may be retained by the claiming authority but are
restricted for use on future drug offense investigations. This section
also provides additional monies for treatment modifying the formula
for disbursement to the Chemical Dependence service fund to 50%
instead of 40% of monies available after the statutory priorities are
complied with.

Section 2 amends Subparagraphs I and II of paragraph H of subdivision
2 of section 1349 of the CPLR and Provides that the remaining monies
as a result of criminal asset forfeiture (20%) will be split equally
between a law enforcement the subaccount of the state's general fund
and a prosecution services subaccount of the state's general fund said
prosecution subaccount funds restricted to disbursement for use of
prosecuting drug offenses.

Section 3 effective date


JUSTIFICATION: Heroin use is an epidemic in our state. Its impact now
touches every aspect of our society regardless of income, education,
gender or community. Upstate and Downstate are suffering from this
scourge. It's ruining peoples' lives and destroying families. The
increasing availability of this drug combined with more powerful
incarnations and its sheer addictiveness has created a public health
and safety crisis of incredible magnitude. This crisis includes the
all too often death of too many New Yorkers. This law will provide
more incentives for district attorney's and law enforcement around the
state to investigate and prosecute drug dealers by allowing DA's to
retain more of the proceeds from seized asset than current law. The
sponsor's intent is that these additional monies will fund additional
prosecutions of drug dealers providing more and more monies thorough
seizure to DA's offices to combat the heroin epidemic. More seized
money will also fund more substance abuse prevention and treatment.

LEGISLATIVE HISTORY: None

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately

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                    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

S. 7658                             2

  S  2.  Subparagraphs (i) and (ii) of paragraph (h) of subdivision 2 of
section 1349 of the civil practice law and rules, as  added  by  chapter
655 of the laws of 1990, are amended to read as follows:
  (i)  [seventy-five] FIFTY percent of such moneys shall be deposited to
a law enforcement purposes subaccount of the general fund of  the  state
where  the  claiming  agent  is  an agency of the state or the political
subdivision or public authority of which the claiming agent is  a  part,
to  be  used  for  law enforcement use in the investigation of penal law
offenses;
  (ii) the remaining [twenty-five] FIFTY percent of such moneys shall be
deposited to a prosecution services subaccount of the  general  fund  of
the  state  where  the claiming authority is the attorney general or the
political subdivision of which the claiming authority is a part,  to  be
used  for  the prosecution of ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE
penal law [offenses].
  S 3. This act shall take effect immediately.

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