BILL NUMBER:S855

TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
authorizing a claiming authority to retain personal property for law
enforcement purposes

PURPOSE:

This bill permits law enforcement officials to retain seized property,
such as electronic, telecommunications or surveillance equipment or
devices, computers, or office equipment that has been seized and
forfeited, after approval of the court, in order to utilize such
personal property for law enforcement purposes.

SUMMARY OF PROVISIONS:

Section 1: Amends Civil Practice Law and Rules section 1349 to add
property such as electronic, telecommunications or surveillance
equipment or devices, ox office equipment to items such as vehicles,
vessels, and aircraft which may be currently retained by state and
local law enforcement entities after forfeiture and used for law
enforcement purposes.

EXISTING LAW:
              

This valuable equipment cannot now be used by law enforcement
officials.

JUSTIFICATION:

Under current law, any vehicle, vessel or aircraft that is seized by
and forfeited to a state or local law enforcement agency as a
"proceeds of a crime" may be retained by the seizing jurisdiction,
after court approval, and then used for such office's law enforcement
activities, The current law enhances the ability of state and local
law enforcement officials to combat crime, while at the same time
saving taxpayer dollars by avoiding the need to purchase these
expensive items. Further, if such items were auctioned off at public
auction, the proceeds received from such auctions are generally much
less than the market value of such assets or the price to purchase
such assets new. Further, there is a cost to auction off such assets
and costs are incurred to store such vehicles, vessels or aircraft
before such auction.

Law enforcement agencies often seize valuable electronic equipment
such as computers, video equipment, telecommunications or office
equipment, fax machines, and surveillance equipment such as night
vision goggles which are superior to the equipment used by police
agencies. Further, this equipment could be used to help combat crime
or reduce auto theft. Unfortunately, under current law, such
electronic equipment cannot be forfeited. Instead, this valuable
equipment must be auctioned off in accordance CPLR Article 51 at very
low prices.


The auction process is slow and costly, and produces only a fraction
of the value of the goods, even when the electronic equipment is in
good condition. In addition, once possessed, such law enforcement
offices could share this equipment with other law enforcement agencies
to help reduce their operating and capital costs as well.

In addition, since the Federal Government has a more extensive civil
forfeiture law, often state and local law enforcement agencies will
allow a federal law enforcement agency to take the lead in an arrest
and seizure of property to take advantage of the Federal civil
forfeiture law. Hence, the current wide dichotomy between New York
State and Federal civil forfeiture laws, forces state and local law
enforcement to find willing federal partners to conduct arrests and
seize property. However, Federal Law enforcement agencies are already
taxed to the limit and are concentrating more resources on the war on
terror, hence other crimes that tend to be more state based in their
enforcement such as drug trafficking, auto theft, auto insurance
fraud, and others is not a Federal priority as much as it is for local
law enforcement agencies.

This bill would allow state and local law enforcement agencies to
retain more seized equipment, after court approval, reduce the cost of
state and local governments by reducing auction, inventory, and
storage costs of seized property and the cost to purchase new office
equipment and other seized properties.

This bill was revised to take into consideration the comments of the
NYS Association of Chiefs of police, the NYS District Attorneys
Association, and the NYS Sheriffs Association, to update this law.
All of these law enforcement associations now endorse and support this
bill.

LEGISLATIVE HISTORY:

2012: S. 3829-A - Referred to Codes
2014: S. 2333 Passed Senate

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:

This measure would have a beneficial fiscal impact. This is because it
would make such sophisticated equipment free and available for use by
law enforcement officials, instead of forcing such law enforcement
agency to auction off this seized equipment at well below its market
value. This bill should save municipal and state law enforcement
agencies funds that otherwise would need to be expended to purchase
such sophisticated equipment.

LOCAL FISCAL IMPLICATIONS:

This bill measure would positively help the finances of municipal and
state law enforcement agencies.

EFFECTIVE DATE:

30 days after it shall have become law.