Assembly Bill A9874

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9874
 
                           I N  A S S E M B L Y
 
                             February 15, 2018
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  executive law, in relation to the creation of a
   database for property seized by police departments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. The executive law is amended by adding a new section 845-c
 to read as follows:
   § 845-C. CENTRAL STATE DATABASE FOR PROPERTY SEIZED BY POLICE  DEPART-
 MENTS.  1.  THE  DIVISION  SHALL  COLLECT  INFORMATION TO MAINTAIN, ON A
 CURRENT BASIS, A DATABASE OF ALL PROPERTY SEIZED, OBTAINED, OR OTHERWISE
 HELD BY ALL POLICE DEPARTMENTS DURING THE COURSE  OF  AN  INVESTIGATION.
 SUCH DATABASE SHALL INCLUDE:
   (A)  THE  DOLLAR  AMOUNT  OF  U.S.  CURRENCY  THAT HAS BECOME PROPERTY
 RETAINED BY POLICE DEPARTMENTS AFTER A SETTLEMENT AGREEMENT ENTERED INTO
 BETWEEN POLICE DEPARTMENTS AND CLAIMANTS FOR SUCH CURRENCY;
   (B) THE DOLLAR AMOUNT OF U.S. CURRENCY RETURNED BY POLICE  DEPARTMENTS
 TO  THE  CLAIMANT  FOLLOWING  A  DISMISSAL, JUDGMENT, OR SETTLEMENT IN A
 CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED  ELEVEN
 OF THE CIVIL PRACTICE LAW AND RULES;
   (C)  THE NUMBER OF REGISTERED MOTOR VEHICLES THAT HAVE BECOME PROPERTY
 RETAINED BY POLICE DEPARTMENTS AFTER A  SETTLEMENT  OR  JUDGEMENT  IN  A
 CIVIL  FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED ELEVEN
 OF THE CIVIL PRACTICE LAW AND RULES;
   (D) THE REVENUE GENERATED BY LIQUIDATION OF REGISTERED MOTOR  VEHICLES
 THAT  HAVE  BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUI-
 DATED AND THE ENTITY CONTRACTED TO LIQUIDATE SUCH VEHICLES ON BEHALF  OF
 POLICE DEPARTMENTS;
   (E)  THE  REVENUE GENERATED BY LIQUIDATION OF RETAINED PROPERTY, OTHER
 THAN REGISTERED  MOTOR  VEHICLES  AND  U.S.  CURRENCY,  AND  THE  ENTITY
 CONTRACTED  TO  LIQUIDATE SUCH PROPERTY ON BEHALF OF POLICE DEPARTMENTS;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13457-01-7
              

 A. 9874                             2
 
   (F) THE AMOUNT OF U.S. CURRENCY OBTAINED BY POLICE DEPARTMENTS THROUGH
 DISBURSEMENT FROM POLICE DEPARTMENTS  OF  JUSTICE  PURSUANT  TO  FEDERAL
 FORFEITURE LAWS.
   2.  EACH  HEAD OF A STATE OR LOCAL POLICE DEPARTMENT SHALL TRANSMIT TO
 THE DIVISION, NO LATER THAN JANUARY FIFTEENTH ANNUALLY, AND  IN  A  FORM
 AND MANNER PRESCRIBED BY THE DIVISION, AN ITEMIZED REPORT CONTAINING THE
 PROPERTY OBTAINED BY SUCH POLICE DEPARTMENT. SUCH REPORT SHALL CONTAIN:
   (A)  THE TOTAL AMOUNT OF SEIZED PROPERTY IN THE FORM OF U.S. CURRENCY,
 DISAGGREGATED BY:
   (I) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED  AND  HELD  FOR
 SAFEKEEPING, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (II)  THE  DOLLAR  AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED AND HELD AS
 ARREST EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (III) THE DOLLAR AMOUNT OF SUCH U.S.  CURRENCY  HELD  FOR  FORFEITURE,
 NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (IV)  THE  DOLLAR  AMOUNT  OF SUCH U.S. CURRENCY HELD AS INVESTIGATORY
 EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (V) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS  BECOME  PROPERTY
 RETAINED  BY SUCH POLICE DEPARTMENT AFTER A SETTLEMENT AGREEMENT ENTERED
 INTO BETWEEN POLICE DEPARTMENTS AND CLAIMANTS FOR SUCH CURRENCY;
   (VI) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS BECOME  PROPERTY
 RETAINED  BY  SUCH POLICE DEPARTMENT AFTER A JUDGMENT IN A CIVIL FORFEI-
 TURE PROCEEDING;
   (VII) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY RETURNED BY SUCH  POLICE
 DEPARTMENT  TO THE CLAIMANT  FOLLOWING A DISMISSAL, JUDGMENT, OR SETTLE-
 MENT IN A CIVIL  FORFEITURE  PROCEEDING  PURSUANT  TO  SECTION  THIRTEEN
 HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES; AND
   (VIII)  THE  DOLLAR  AMOUNT  OF SUCH CURRENCY THAT HAS BECOME RETAINED
 PROPERTY BECAUSE NO PERSON RETRIEVED SUCH CURRENCY;
   (B) THE TOTAL NUMBER OF SEIZED PROPERTY ITEMS IN THE  FORM  OF  REGIS-
 TERED MOTOR VEHICLES, DISAGGREGATED BY:
   (I)  THE  NUMBER  OF SUCH VEHICLES CLASSIFIED AND HELD FOR SAFEKEEPING
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (II) THE NUMBER  OF  SUCH  VEHICLES  CLASSIFIED  AND  HELD  AS  ARREST
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (III)  THE  NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD FOR FORFEITURE
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (IV) THE NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD AS  INVESTIGATORY
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (V)  THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 SUCH POLICE DEPARTMENT AFTER A SETTLEMENT OR JUDGMENT IN A CIVIL FORFEI-
 TURE PROCEEDING;
   (VI) THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 SUCH POLICE DEPARTMENT BECAUSE NO PERSON RETRIEVED SUCH  VEHICLE  WITHIN
 THE APPLICABLE LEGAL PERIOD;
   (VII)  THE REVENUE GENERATED BY LIQUIDATION OF SUCH VEHICLES THAT HAVE
 BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUIDATED AND THE
 ENTITY CONTRACTED TO LIQUIDATE SUCH VEHICLES ON BEHALF  OF  SUCH  POLICE
 DEPARTMENT; AND
   (VIII)  THE  NUMBER OF SUCH VEHICLES THAT WERE RETURNED BY SUCH POLICE
 DEPARTMENT TO VEHICLE CLAIMANTS FOLLOWING  A  DISMISSAL,  JUDGEMENT,  OR
 SETTLEMENT IN A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN
 HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES.
   (C) THE NUMBER OF THE FOLLOWING OTHER ITEMS OF SEIZED PROPERTY:
   (I) CELLULAR TELEPHONES;
   (II) CLOTHING ITEMS;

 A. 9874                             3
 
   (III) WALLETS;
   (IV) SETS OF KEYS;
   (V) IDENTIFICATION DOCUMENTS; AND
   (VI) NON-PERISHABLE PEDDLER PROPERTY ITEMS.
   3.  THE  DIVISION  SHALL  POST  ON THE DIVISION'S WEBSITE ON AN ANNUAL
 BASIS, NO LATER THAN SEPTEMBER FIRST OF EACH  YEAR, A  REPORT  PROVIDING
 THE  DATA  ON  SEIZED  PROPERTY  AND  RETAINED PROPERTY PURSUANT TO THIS
 SECTION FOR THE PRECEDING CALENDAR YEAR, WHICH SHALL INCLUDE THE  INFOR-
 MATION  PROVIDED  BY  POLICE  DEPARTMENTS PURSUANT TO SUBDIVISION TWO OF
 THIS SECTION.
   4. UPON THE FAILURE OR REFUSAL TO  COMPLY  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION  TWO  OF THIS SECTION, THE DIVISION MAY APPLY TO THE SUPREME
 COURT FOR AN ORDER DIRECTED TO  THE  PERSON  RESPONSIBLE  FOR  REQUIRING
 COMPLIANCE. UPON SUCH APPLICATION THE COURT MAY ISSUE AN ORDER REQUIRING
 COMPLIANCE,  AND A FAILURE TO COMPLY WITH SUCH ORDER SHALL BE A CONTEMPT
 OF COURT AND PUNISHABLE AS SUCH.
   § 2. This act shall take effect immediately.