NY State Senate Bill 2017-S1326

Senate Bill S1326

2017-2018 Legislative Session

Provides for forfeiture of a truck, tractor and/or tractor-trailer combination for a third violation of designated truck routes within 18 months

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to transportation
Jan 09, 2017	referred to transportation

2017-S1326 (ACTIVE) - Details

Current Committee:: Senate Transportation
Law Section:: Vehicle and Traffic Law
Laws Affected:: Amd §1800, V & T L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7853
2013-2014: S733
2015-2016: S946

2017-S1326 (ACTIVE) - Summary

Provides for forfeiture of a truck, tractor and/or tractor-trailer combination if a driver thereof has been convicted of three violations of a designated system of truck routes within eighteen months.

2017-S1326 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1326

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to providing
for forfeiture of a truck, tractor and/or tractor-trailer combination
if a driver thereof has been convicted of three violations of a
designated system of truck routes within eighteen months

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends section 1800 of the vehicle and traffic
law by adding a new subdivision (i) that will allow law enforcement to
seize and institute forfeiture proceedings on a truck, tractor and/or
tractor trailer combination with a gross weight in excess of ten
thousand pounds when the driver of said vehicle has been convicted of
three violations of designate truck routes within eighteen months.

The bill sets forth specific provisions relating to the process for
seizure of the vehicle, notice to the owner of the vehicle and
forfeiture proceedings if warranted and commenced by appropriate
municipal prosecuting authorities including the following provisions:

o Upon notice of a violation to either the owner or operator of the
vehicle, law enforcement may seize the vehicle which will then be
delivered into the custody of the appropriate municipal prosecuting

authority;

o Notice must be served upon owner of vehicle within in 1 business day
after seizure;

o If a forfeiture proceeding is deemed appropriate by the prosecuting
authority it must be commenced in the supreme court no later than 20
days after written demand by the vehicle owner;

o The seized vehicle will be released when a.) the prosecuting
authority chooses to or fails to institute forfeiture proceedings or
such proceedings are resolved in owner's favor and b.) when person
seeking to claim vehicle has produced evidence of registration and
financial security and payment of fines, penalties and costs
associated with violation and subsequent seizure of the vehicle or if
pending completion of the forfeiture proceedings the person claiming
the vehicle posts a bond and has provided evidence of registration and
financial security;

o If a demand for return of the vehicle is not made within 90 days
after termination of a proceeding founded upon the charge of violation
of a designated truck route, the vehicle shall be deemed abandoned and
shall be disposed of by the municipality;

o Notice of forfeiture proceedings shall be by personal service upon
owner of record and by first class mail upon all individuals who
notify the prosecuting authority of ownership and upon all persons
holding a security interest in the vehicle;

o Any owner of who receives notice of the forfeiture proceeding shall
assert a claim for recovery of the vehicle;

o Any person with a security interest in the vehicle who receives
notice of the forfeiture proceeding shall assert a claim for
satisfaction of such person's security interest and any successful
claim shall not exceed the amount of the net proceeds of the sale of
the forfeited vehicle;

o No vehicle may be forfeited to the extent of interest held by the
owner or holder of a security interest where such person pleads and
proves that the use of the vehicle was without knowledge, or consent,
etc., of the owner, or where the vehicle was unlawfully in the
possession of someone who acquired possession of the vehicle in
violation of the criminal laws of the United States or any state;

o The Court in a forfeiture action may dismiss the case in the
interests of justice if warranted by the existence of some compelling
factor, consideration or circumstance demonstrating that forfeiture of
the property would no serve the ends of justice;

o If the vehicle is forfeited then prosecuting authority shall, by
public notice of at least 20 days, sell the vehicle at public sale
with the net proceeds being paid into the general fund of the
municipality where seizure was made (or to state police seized assets
account if vehicle seized by state police);

o Any claims by interested parties who did not receive actual notice
to the forfeiture proceedings may be brought within the same court
within two years after the seizure;

o No action for wrongful seizure shall be instituted unless commenced
within two years after the vehicle was seized.

Section 2 of the bill sets forth an effective date of ninety days
after it shall have become a law.

 JUSTIFICATION :

As of the 2010 census, the State of New York has a population of over
19 million people. In order to sustain a population of this size
thousands of trucks drive across local roads to deliver necessary
goods and services. Unfortunately, these huge numbers of trucks also
bring unwelcome adverse effects to communities throughout the state
including pollution, noise, traffic and accelerated infrastructure
decay.

In an attempt to address some of these harmful effects to local
communities, various municipalities have created designated truck
routes that trucks are legally bound to follow with some limited
exceptions. However, many truck drivers fail to comply with these laws
and drive illegally through residential communities in an effort to
save time.

This legislation, which significantly increases penalties for repeat
offenders, is necessary to encourage compliance with designated truck
routes and to help protect those local communities that are overrun
with truck traffic that severely impacts their quality of life.

 LEGISLATIVE HISTORY :

2011-12: S.7853
2013-14: S.733
2015-16: S.946

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The act shall take effect on the ninetieth day after it shall have
become a law.

2017-S1326 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1326
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in  relation  to  providing
   for  forfeiture of a truck, tractor and/or tractor-trailer combination
   if a driver thereof has been convicted of three violations of a desig-
   nated system of truck routes within eighteen months
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1800 of the vehicle and traffic law is amended by
 adding a new subdivision (i) to read as follows:
   (I) 1. ANY TRUCK, TRACTOR  OR  TRACTOR-TRAILER  COMBINATION  HAVING  A
 TOTAL  GROSS  WEIGHT IN EXCESS OF TEN THOUSAND POUNDS, WHICH HAS BEEN OR
 IS BEING USED IN VIOLATION OF A LOCAL LAW,  ORDINANCE,  ORDER,  RULE  OR
 REGULATION ENACTED BY THE LEGISLATIVE BODY OF ANY CITY, VILLAGE OR TOWN,
 PURSUANT  TO  THE  PROVISIONS  OF  PARAGRAPH  TEN  OF SUBDIVISION (A) OF
 SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN  OF  SUBDIVISION  (A)  OF
 SECTION  SIXTEEN  HUNDRED  SIXTY  OF  THIS  CHAPTER,  MAY,  UPON A THIRD
 CONVICTION FOR SUCH AN OFFENSE OF THE OWNER OR OPERATOR OF SUCH  VEHICLE
 IN  AN  EIGHTEEN  MONTH  PERIOD,  BE SEIZED BY ANY PEACE OFFICER, ACTING
 PURSUANT TO HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER, AND  FORFEITED
 AS HEREINAFTER PROVIDED IN THIS SUBDIVISION.
   2.  A  TRUCK,  TRACTOR  OR  TRACTOR-TRAILER COMBINATION HAVING A TOTAL
 GROSS WEIGHT IN EXCESS OF TEN THOUSAND POUNDS MAY BE SEIZED UPON SERVICE
 OF A NOTICE OF VIOLATION UPON THE OWNER OR OPERATOR OF SUCH VEHICLE. THE
 SEIZED VEHICLE SHALL BE DELIVERED BY THE OFFICER HAVING MADE THE SEIZURE
 TO THE CUSTODY OF THE DISTRICT ATTORNEY, CORPORATION  COUNSEL  OR  OTHER
 PROSECUTING AUTHORITY WHICH IS ASSIGNED TO HANDLE THE PROSECUTION OF THE
 OFFENSE  IN THE RELEVANT MUNICIPALITY, TOGETHER WITH A REPORT OF ALL THE
 FACTS AND CIRCUMSTANCES OF THE SEIZURE. WITHIN ONE  BUSINESS  DAY  AFTER
 THE  SEIZURE,  NOTICE  OF  SUCH  VIOLATION  AND  A COPY OF THE NOTICE OF
 VIOLATION SHALL BE MAILED TO THE OWNER OF SUCH VEHICLE  AT  THE  ADDRESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00822-01-7

 S. 1326                             2
 
 FOR  SUCH OWNER SET FORTH IN THE RECORDS MAINTAINED BY THE DEPARTMENT OF
 MOTOR VEHICLES OR, FOR VEHICLES NOT REGISTERED IN NEW YORK  STATE,  SUCH
 EQUIVALENT RECORD IN SUCH STATE OF REGISTRATION.
   3. A. THE ATTORNEY GENERAL IN SEIZURES BY MEMBERS OF THE STATE POLICE,
 OR  THE  DISTRICT  ATTORNEY,  CORPORATION  COUNSEL  OR OTHER PROSECUTING
 AUTHORITY WHICH IS ASSIGNED TO HANDLE THE PROSECUTION OF THE OFFENSE  IN
 THE RELEVANT MUNICIPALITY SHALL INQUIRE INTO THE FACTS OF THE SEIZURE SO
 REPORTED  TO  HIM  OR  HER.  IF IT APPEARS THAT THERE IS A BASIS FOR THE
 COMMENCEMENT AND PROSECUTION OF A FORFEITURE PROCEEDING PURSUANT TO THIS
 SUBDIVISION, ANY  SUCH  FORFEITURE  PROCEEDING  SHALL  BE  COMMENCED  IN
 SUPREME  COURT NOT LATER THAN TWENTY DAYS AFTER THE DATE OF RECEIPT OF A
 WRITTEN DEMAND BY A PERSON CLAIMING OWNERSHIP OF THE TRUCK,  TRACTOR  OR
 TRACTOR-TRAILER COMBINATION ACCOMPANIED BY THE DOCUMENTATION REQUIRED TO
 BE PRESENTED UPON RELEASE OF SUCH VEHICLE PURSUANT TO CLAUSES (I), (II),
 AND (IV) OF SUBPARAGRAPH A OF PARAGRAPH FOUR OF THIS SUBDIVISION.
   B.  WHERE FORFEITURE PROCEEDINGS ARE COMMENCED AND PROSECUTED PURSUANT
 TO THIS SECTION, THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WHICH
 IS THE SUBJECT OF SUCH PROCEEDINGS SHALL REMAIN IN THE CUSTODY  OF  SUCH
 PROSECUTING AUTHORITY, AS APPLICABLE, PENDING THE FINAL DETERMINATION OF
 SUCH PROCEEDINGS.
   C.  TO  THE EXTENT APPLICABLE, THE PROCEDURES OF ARTICLE THIRTEEN-A OF
 THE CIVIL PRACTICE LAW AND RULES SHALL GOVERN  PROCEEDINGS  AND  ACTIONS
 UNDER THIS SUBDIVISION.
   4.  A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION SEIZED PURSUANT TO
 THIS SECTION SHALL BE RELEASED WHEN:
   A. (I) SUCH PROSECUTING AUTHORITY HAS  MADE  A  DETERMINATION  NOT  TO
 INSTITUTE  FORFEITURE  PROCEEDINGS  PURSUANT  TO THIS SUBDIVISION OR THE
 TIME PERIOD  WITHIN  WHICH  A  FORFEITURE  PROCEEDING  COULD  HAVE  BEEN
 COMMENCED  PURSUANT  TO THIS SUBDIVISION HAS ELAPSED AND NO SUCH FORFEI-
 TURE PROCEEDING WAS COMMENCED OR THE PROSECUTION FOR  VIOLATION  OF  THE
 LOCAL  LAW, ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLA-
 TIVE BODY OF ANY CITY, VILLAGE OR TOWN, PURSUANT TO  THE  PROVISIONS  OF
 PARAGRAPH  TEN  OF  SUBDIVISION  (A) OF SECTION SIXTEEN HUNDRED FORTY OR
 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION  SIXTEEN  HUNDRED  SIXTY  OF
 THIS CHAPTER HAS BEEN TERMINATED IN FAVOR OF THE ACCUSED; AND
   (II) THE PERSON SEEKING TO CLAIM THE TRUCK, TRACTOR OR TRACTOR-TRAILER
 COMBINATION  HAS  FURNISHED  SATISFACTORY  EVIDENCE  OF REGISTRATION AND
 FINANCIAL SECURITY AND, IF THE PERSON WAS THE OPERATOR OF THE VEHICLE AT
 THE TIME OF THE VIOLATION OF THE LOCAL LAW, ORDINANCE,  ORDER,  RULE  OR
 REGULATION ENACTED BY THE LEGISLATIVE BODY OF ANY CITY, VILLAGE OR TOWN,
 PURSUANT  TO  THE  PROVISIONS  OF  PARAGRAPH  TEN  OF SUBDIVISION (A) OF
 SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN  OF  SUBDIVISION  (A)  OF
 SECTION  SIXTEEN HUNDRED SIXTY OF THIS CHAPTER, SATISFACTORY EVIDENCE OF
 PAYMENT OF ANY FINES OR PENALTIES IMPOSED IN CONNECTION THEREWITH; AND
   (III) PAYMENT HAS BEEN MADE FOR THE REASONABLE COSTS  OF  REMOVAL  AND
 STORAGE  OF THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION. THE OWNER
 OF SUCH VEHICLE SHALL BE RESPONSIBLE FOR SUCH PAYMENT PROVIDED, HOWEVER,
 THAT IF HE OR SHE WAS NOT THE OPERATOR AT THE TIME OF THE OFFENSE,  SUCH
 PERSON  SHALL  HAVE  A  CAUSE OF ACTION AGAINST SUCH OPERATOR TO RECOVER
 SUCH COSTS. PAYMENT PRIOR TO  RELEASE  OF  SUCH  VEHICLE  SHALL  NOT  BE
 REQUIRED  IN  CASES  WHERE  THE SEIZED TRUCK, TRACTOR OR TRACTOR-TRAILER
 COMBINATION WAS STOLEN OR RENTED OR LEASED PURSUANT TO A WRITTEN  AGREE-
 MENT FOR A PERIOD OF THIRTY DAYS OR LESS, HOWEVER THE OPERATOR OF SUCH A
 VEHICLE  SHALL  BE  LIABLE  FOR THE COSTS OF REMOVAL AND STORAGE OF SUCH
 VEHICLE TO ANY ENTITY RENDERING SUCH SERVICE; AND

 S. 1326                             3
 
   (IV) IF THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION IS  HELD  AS
 EVIDENCE,  THE  PERSON  SEEKING  TO  CLAIM  SUCH VEHICLE HAS PRESENTED A
 RELEASE FROM THE PROSECUTING AUTHORITY PROVIDING THAT THE MOTOR  VEHICLE
 IS NOT NEEDED AS EVIDENCE.
   B.  (I)  PENDING  COMPLETION OF FORFEITURE PROCEEDINGS WHICH HAVE BEEN
 COMMENCED, THE PERSON SEEKING TO CLAIM THE TRUCK,  TRACTOR  OR  TRACTOR-
 TRAILER  COMBINATION  HAS  POSTED  A BOND IN A FORM SATISFACTORY TO SUCH
 PROSECUTING AUTHORITY IN AN AMOUNT  THAT  SHALL  NOT  EXCEED  AN  AMOUNT
 SUFFICIENT  TO  COVER  THE MAXIMUM FINES OR CIVIL PENALTIES WHICH MAY BE
 IMPOSED FOR THE VIOLATION UNDERLYING  THE  SEIZURE  AND  ALL  REASONABLE
 COSTS FOR REMOVAL AND STORAGE OF SUCH VEHICLE; AND
   (II)  THE  PERSONS  SEEKING  TO CLAIM THE MOTOR VEHICLE HAVE FURNISHED
 SATISFACTORY EVIDENCE OF REGISTRATION AND FINANCIAL SECURITY.
   5. WHERE A DEMAND FOR THE RETURN OF A TRUCK, TRACTOR OR TRACTOR-TRAIL-
 ER COMBINATION IS NOT MADE WITHIN NINETY DAYS AFTER THE  TERMINATION  OF
 THE  PROCEEDING  FOUNDED  UPON  THE  CHARGE OF VIOLATION OF A LOCAL LAW,
 ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLATIVE BODY  OF
 ANY  CITY,  VILLAGE OR TOWN, PURSUANT TO THE PROVISIONS OF PARAGRAPH TEN
 OF SUBDIVISION (A) OF SECTION SIXTEEN HUNDRED FORTY OR PARAGRAPH TEN  OF
 SUBDIVISION  (A)  OF SECTION SIXTEEN HUNDRED SIXTY OF THIS CHAPTER, SUCH
 MOTOR VEHICLE SHALL BE DEEMED TO BE ABANDONED.  SUCH  VEHICLE  SHALL  BE
 DISPOSED  OF  BY THE RELEVANT MUNICIPALITY, AS APPLICABLE, IN ACCORDANCE
 WITH SECTION TWELVE HUNDRED TWENTY-FOUR OF THIS CHAPTER OR AS  OTHERWISE
 PROVIDED BY LAW.
   6.  NOTICE  OF  THE  INSTITUTION OF THE FORFEITURE PROCEEDING SHALL BE
 SERVED:
   A. BY PERSONAL SERVICE PURSUANT TO THE CIVIL PRACTICE  LAW  AND  RULES
 UPON ALL OWNERS OF THE SEIZED TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINA-
 TION LISTED IN THE RECORDS MAINTAINED BY THE DEPARTMENT, OR FOR VEHICLES
 NOT REGISTERED IN NEW YORK STATE, IN THE RECORDS MAINTAINED BY THE STATE
 OF REGISTRATION; AND
   B.  BY  FIRST  CLASS  MAIL UPON ALL INDIVIDUALS WHO HAVE NOTIFIED SUCH
 PROSECUTING AUTHORITY THAT THEY ARE AN OWNER OF THE  TRUCK,  TRACTOR  OR
 TRACTOR-TRAILER  COMBINATION  AND  UPON  ALL  PERSONS HOLDING A SECURITY
 INTEREST IN SUCH VEHICLE WHICH SECURITY INTEREST HAS BEEN FILED WITH THE
 DEPARTMENT PURSUANT TO THE PROVISIONS OF TITLE TEN OF THIS  CHAPTER,  AT
 THE ADDRESS SET FORTH IN THE RECORDS OF SUCH DEPARTMENT, OR FOR VEHICLES
 NOT  REGISTERED IN NEW YORK STATE, ALL PERSONS HOLDING A SECURITY INTER-
 EST IN SUCH VEHICLE WHICH SECURITY INTEREST HAS  BEEN  FILED  WITH  SUCH
 STATE  OF  REGISTRATION, AT THE ADDRESS PROVIDED BY SUCH STATE OF REGIS-
 TRATION.
   7. ANY OWNER WHO RECEIVES NOTICE OF THE INSTITUTION  OF  A  FORFEITURE
 ACTION  WHO  CLAIMS AN INTEREST IN THE TRUCK, TRACTOR OR TRACTOR-TRAILER
 COMBINATION SUBJECT TO FORFEITURE SHALL ASSERT A CLAIM FOR THE  RECOVERY
 OF  SUCH VEHICLE OR SATISFACTION OF THE OWNER'S INTEREST IN SUCH VEHICLE
 BY INTERVENING IN THE FORFEITURE ACTION IN ACCORDANCE  WITH  SUBDIVISION
 (A)  OF SECTION ONE THOUSAND TWELVE OF THE CIVIL PRACTICE LAW AND RULES.
 ANY PERSON WITH A SECURITY INTEREST IN SUCH VEHICLE WHO RECEIVES  NOTICE
 OF THE INSTITUTION OF THE FORFEITURE ACTION SHALL ASSERT A CLAIM FOR THE
 SATISFACTION  OF  SUCH  PERSON'S  SECURITY  INTEREST  IN SUCH VEHICLE BY
 INTERVENING IN THE FORFEITURE ACTION IN ACCORDANCE WITH SUBDIVISION  (A)
 OF  SECTION  ONE THOUSAND TWELVE OF THE CIVIL PRACTICE LAW AND RULES. IF
 THE ACTION RELATES TO A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION IN
 WHICH A PERSON HOLDING A SECURITY INTEREST HAS  INTERVENED  PURSUANT  TO
 THIS  PARAGRAPH,  THE  BURDEN  SHALL  BE UPON THE DESIGNATED OFFICIAL TO
 PROVE BY CLEAR AND CONVINCING EVIDENCE THAT SUCH  INTERVENOR  KNEW  THAT

 S. 1326                             4
 
 SUCH VEHICLE WAS OR WOULD BE USED FOR THE COMMISSION OF A VIOLATION OF A
 LOCAL  LAW, ORDINANCE, ORDER, RULE OR REGULATION ENACTED BY THE LEGISLA-
 TIVE BODY OF ANY CITY, VILLAGE OR TOWN, PURSUANT TO  THE  PROVISIONS  OF
 PARAGRAPH  TEN  OF  SUBDIVISION  (A) OF SECTION SIXTEEN HUNDRED FORTY OR
 PARAGRAPH TEN OF SUBDIVISION (A) OF SECTION  SIXTEEN  HUNDRED  SIXTY  OF
 THIS CHAPTER AND EITHER A. KNOWINGLY AND UNLAWFULLY BENEFITTED FROM SUCH
 CONDUCT  OR  B.  VOLUNTARILY  AGREED  TO  THE USE OF THE VEHICLE FOR THE
 COMMISSION OF SUCH VIOLATION BY CONSENT FREELY GIVEN.  FOR  PURPOSES  OF
 THIS  PARAGRAPH, SUCH INTERVENOR KNOWINGLY AND UNLAWFULLY BENEFITED FROM
 THE COMMISSION OF SUCH VIOLATION WHEN HE OR SHE DERIVED IN EXCHANGE  FOR
 PERMITTING  THE  UNLAWFUL  USE  OF  SUCH  VEHICLE BY A PERSON OR PERSONS
 COMMITTING SUCH SPECIFIED VIOLATION A  SUBSTANTIAL  BENEFIT  THAT  WOULD
 OTHERWISE  NOT  HAVE ACCRUED AS A RESULT OF THE LAWFUL USE OF SUCH VEHI-
 CLE. "BENEFIT" MEANS BENEFIT AS  DEFINED  IN  SUBDIVISION  SEVENTEEN  OF
 SECTION 10.00 OF THE PENAL LAW.
   8. NO TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION SHALL BE FORFEITED
 UNDER  THIS  SUBDIVISION  TO  THE EXTENT OF THE INTEREST OF A PERSON WHO
 CLAIMS AN INTEREST IN SUCH VEHICLE, WHERE SUCH PERSON PLEADS AND  PROVES
 THAT:
   A.  THE  USE  OF SUCH VEHICLE FOR THE CONDUCT THAT WAS THE BASIS FOR A
 SEIZURE OCCURRED WITHOUT THE KNOWLEDGE OF SUCH PERSON, OR IF SUCH PERSON
 HAD KNOWLEDGE OF SUCH USE, WITHOUT THE CONSENT OF SUCH PERSON, AND  THAT
 SUCH  PERSON  DID  NOT  KNOWINGLY OBTAIN SUCH INTEREST IN THE VEHICLE IN
 ORDER TO AVOID THE FORFEITURE OF SUCH VEHICLE; OR
   B. THE CONDUCT THAT WAS THE BASIS FOR SUCH SEIZURE  WAS  COMMITTED  BY
 ANY  PERSON  OTHER THAN SUCH PERSON CLAIMING AN INTEREST IN THE VEHICLE,
 WHILE SUCH VEHICLE WAS UNLAWFULLY IN THE  POSSESSION  OF  A  PERSON  WHO
 ACQUIRED  POSSESSION  THEREOF  IN  VIOLATION OF THE CRIMINAL LAWS OF THE
 UNITED STATES OR ANY STATE.
   9. THE COURT IN WHICH A FORFEITURE ACTION IS PENDING MAY DISMISS  SAID
 ACTION IN THE INTERESTS OF JUSTICE UPON ITS OWN MOTION OR UPON AN APPLI-
 CATION AS PROVIDED FOR HEREIN.
   A.  AT ANY TIME DURING THE PENDENCY OF A FORFEITURE ACTION, THE DESIG-
 NATED OFFICIAL WHO INSTITUTED THE ACTION, OR A DEFENDANT MAY  APPLY  FOR
 AN  ORDER DISMISSING THE COMPLAINT AND TERMINATING THE FORFEITURE ACTION
 IN THE INTEREST OF JUSTICE.
   B. SUCH APPLICATION FOR THE RELIEF PROVIDED IN SUBPARAGRAPH A OF  THIS
 PARAGRAPH  MUST  BE  MADE IN WRITING AND UPON NOTICE TO ALL PARTIES. THE
 COURT MAY, IN ITS DISCRETION, DIRECT THAT NOTICE BE GIVEN TO  ANY  OTHER
 PERSON HAVING AN INTEREST IN THE PROPERTY.
   C.  AN  APPLICATION  FOR  THE RELIEF PROVIDED FOR IN SUBPARAGRAPH A OF
 THIS PARAGRAPH MUST BE BROUGHT EXCLUSIVELY IN THE  COURT  IN  WHICH  THE
 FORFEITURE ACTION IS PENDING.
   D.  THE  COURT MAY GRANT THE RELIEF PROVIDED IN SUBPARAGRAPH A OF THIS
 PARAGRAPH IF IT FINDS THAT SUCH RELIEF IS WARRANTED BY THE EXISTENCE  OF
 SOME COMPELLING FACTOR, CONSIDERATION OR CIRCUMSTANCE DEMONSTRATING THAT
 FORFEITURE OF THE PROPERTY OR ANY PART THEREOF, WOULD NOT SERVE THE ENDS
 OF  JUSTICE.    AMONG  THE FACTORS, CONSIDERATIONS AND CIRCUMSTANCES THE
 COURT MAY CONSIDER, AMONG OTHERS, ARE:
   (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE CRIME TO WHICH THE  PROP-
 ERTY  IS CONNECTED RELATIVE TO THE IMPACT OF FORFEITURE OF PROPERTY UPON
 THE PERSON WHO COMMITTED THE CRIME; OR
   (II) THE ADVERSE IMPACT OF A  FORFEITURE  OF  PROPERTY  UPON  INNOCENT
 PERSONS.
   E.  THE  COURT  MUST ISSUE A WRITTEN DECISION STATING THE BASIS FOR AN
 ORDER ISSUED PURSUANT TO THIS SUBDIVISION.

 S. 1326                             5
 
   10. THE PROSECUTING AUTHORITY HAVING  CUSTODY  OF  THE  SEIZED  TRUCK,
 TRACTOR  OR  TRACTOR-TRAILER  COMBINATION,  AFTER SUCH JUDICIAL DETERMI-
 NATION OF FORFEITURE, SHALL, BY A PUBLIC NOTICE OF AT LEAST TWENTY DAYS,
 SELL SUCH FORFEITED VEHICLE AT PUBLIC SALE. THE NET PROCEEDS OF ANY SUCH
 SALE,  AFTER  DEDUCTION  OF  THE LAWFUL EXPENSES INCURRED, SHALL BE PAID
 INTO THE GENERAL FUND OF THE MUNICIPALITY WHEREIN THE SEIZURE WAS  MADE,
 AND  PROVIDED FURTHER THAT THE NET PROCEEDS OF THE SALE OF A MOTOR VEHI-
 CLE SEIZED BY THE STATE POLICE SHALL  BE  PAID  INTO  THE  STATE  POLICE
 SEIZED ASSETS ACCOUNT.
   11.  IN ANY ACTION COMMENCED PURSUANT TO THIS SECTION, WHERE THE COURT
 AWARDS A SUM OF MONEY TO ONE OR MORE PERSONS  IN  SATISFACTION  OF  SUCH
 PERSON'S OR PERSONS' INTEREST OR INTERESTS IN THE FORFEITED TRUCK, TRAC-
 TOR  OR TRACTOR-TRAILER COMBINATION, THE TOTAL AMOUNT AWARDED TO SATISFY
 SUCH INTEREST OR INTERESTS SHALL  NOT  EXCEED  THE  AMOUNT  OF  THE  NET
 PROCEEDS  OF  THE  SALE OF THE FORFEITED VEHICLE, AFTER DEDUCTION OF THE
 LAWFUL EXPENSES INCURRED BY THE MUNICIPALITY OR THE STATE,  AS  APPLICA-
 BLE, AND STORAGE OF THE VEHICLE BETWEEN THE TIME OF SEIZURE AND THE DATE
 OF SALE.
   12.  AT ANY TIME WITHIN TWO YEARS AFTER THE SEIZURE, ANY PERSON CLAIM-
 ING AN INTEREST IN A TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WHICH
 HAS BEEN FORFEITED PURSUANT TO THIS SUBDIVISION WHO WAS NOT SENT  NOTICE
 OF  THE  COMMENCEMENT OF THE FORFEITURE ACTION PURSUANT TO PARAGRAPH SIX
 OF THIS SUBDIVISION, OR WHO DID NOT OTHERWISE RECEIVE ACTUAL  NOTICE  OF
 THE  FORFEITURE  ACTION,  MAY  ASSERT  IN AN ACTION COMMENCED BEFORE THE
 JUSTICE OF THE SUPREME COURT BEFORE WHOM THE FORFEITURE ACTION WAS  HELD
 SUCH CLAIM AS COULD HAVE BEEN ASSERTED IN THE FORFEITURE ACTION PURSUANT
 TO  THIS  SUBDIVISION.  THE  COURT MAY GRANT THE RELIEF SOUGHT UPON SUCH
 TERMS AND CONDITIONS AS IT DEEMS  REASONABLE  AND  JUST  IF  THE  PERSON
 CLAIMING  AN  INTEREST IN THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINA-
 TION ESTABLISHES THAT HE OR SHE WAS NOT SENT NOTICE OF THE  COMMENCEMENT
 OF THE FORFEITURE ACTION AND WAS WITHOUT ACTUAL KNOWLEDGE OF THE FORFEI-
 TURE  ACTION,  AND  ESTABLISHES  EITHER  OF THE AFFIRMATIVE DEFENSES SET
 FORTH IN PARAGRAPH EIGHT OF THIS SUBDIVISION.
   13. NO ACTION UNDER THIS SUBDIVISION FOR  WRONGFUL  SEIZURE  SHALL  BE
 INSTITUTED  UNLESS  SUCH  ACTION IS COMMENCED WITHIN TWO YEARS AFTER THE
 TIME WHEN THE TRUCK, TRACTOR OR TRACTOR-TRAILER COMBINATION WAS SEIZED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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