S T A T E O F N E W Y O R K
________________________________________________________________________
2254
2017-2018 Regular Sessions
I N A S S E M B L Y
January 17, 2017
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Introduced by M. of A. PEOPLES-STOKES, CYMBROWITZ, LENTOL, GOTTFRIED,
CAHILL -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to asset
forfeiture
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (e), (f) and (g) of subdivision 2 of section
1349 of the civil practice law and rules, paragraphs (e) and (f) 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 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 chap-
ter] FORTY PERCENT OF ALL MONEYS REALIZED THROUGH FORFEITURE WHICH ARE
REMAINING, IF ANY, AFTER DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A)
THROUGH (D) OF THIS SUBDIVISION, TO THE CHEMICAL DEPENDENCE SERVICE FUND
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-W OF THE STATE FINANCE LAW;
(f) [In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of all moneys realized through
forfeiture] FIFTEEN PERCENT OF ALL MONEYS REALIZED THROUGH FORFEITURE
WHICH ARE REMAINING, IF ANY, AFTER DISTRIBUTIONS PURSUANT TO PARAGRAPHS
(A) THROUGH (E) OF THIS SUBDIVISION to the claiming [agent] AUTHORITY,
IN ADDITION TO THE AMOUNTS, IF ANY, DISTRIBUTED PURSUANT TO PARAGRAPH
(D) OF THIS SUBDIVISION, in satisfaction of actual costs [incurred for
protecting, maintaining and forfeiting the property] AND EXPENSES
INCURRED IN THE INVESTIGATION, PREPARATION AND LITIGATION OF THE FORFEI-
TURE ACTION, including that proportion of the salaries of THE attorneys,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03446-01-7
A. 2254 2
clerical and investigative personnel devoted thereto, PLUS ALL COSTS AND
DISBURSEMENTS TAXABLE UNDER THE PROVISIONS OF THIS CHAPTER;
(g) [Forty 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] FIVE
PERCENT OF ALL MONEYS REALIZED THROUGH FORFEITURE WHICH ARE REMAINING,
IF ANY, AFTER DISTRIBUTIONS PURSUANT TO PARAGRAPHS (A) THROUGH (E) OF
THIS SUBDIVISION TO THE CLAIMING AGENT, IN ADDITION TO THE AMOUNTS, IF
ANY, DISTRIBUTED PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, IN
SATISFACTION OF ACTUAL COSTS INCURRED FOR PROTECTING, MAINTAINING AND
FORFEITING THE PROPERTY INCLUDING THAT PROPORTION OF THE SALARIES OF
ATTORNEYS, CLERICAL AND INVESTIGATIVE PERSONNEL DEVOTED THERETO;
§ 2. This act shall take effect immediately.