Assembly Bill A3959

2019-2020 Legislative Session

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods

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Archive: Last Bill Status - In Assembly 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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2019-A3959 (ACTIVE) - Details

See Senate Version of this Bill:
S366
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add Art 166 §166.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A11192, A3329, S2628
2011-2012: A3799, S4373
2013-2014: A681, S2492
2015-2016: A1817, S4655
2017-2018: A5072, S2620
2021-2022: A8931, S5240
2023-2024: A1579, S4192

2019-A3959 (ACTIVE) - Summary

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods; however, this shall not apply to vehicles, vessels, or aircrafts that are used by any person as a common carrier in the transaction of business as such common carrier.

2019-A3959 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3959
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to the seizure and forfeiture
   of vehicles, vessels and aircraft used in counterfeit goods
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a  new  article  166  to
 read as follows:
                                ARTICLE 166
              SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND
                    AIRCRAFT USED IN COUNTERFEIT GOODS
 SECTION 166.00 SEIZURE  AND FORFEITURE OF VEHICLES, VESSELS AND AIRCRAFT
                  USED IN COUNTERFEIT GOODS.
 § 166.00 SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND  AIRCRAFT  USED
            IN COUNTERFEIT GOODS.
   1.  ANY VEHICLE, VESSEL OR AIRCRAFT WHICH HAS BEEN OR IS BEING USED IN
 VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS  TITLE  SHALL  BE
 SEIZED  BY  ANY  PEACE  OFFICER,  WHO  IS  ACTING PURSUANT TO HIS OR HER
 SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED  AS  PROVIDED  IN  THIS
 SECTION.    HOWEVER,  SUCH  FORFEITURE  AND SEIZURE PROVISIONS SHALL NOT
 APPLY TO ANY VEHICLE, VESSEL OR AIRCRAFT USED BY ANY PERSON AS A  COMMON
 CARRIER IN THE TRANSACTION OF BUSINESS AS SUCH COMMON CARRIER.
   2.  THE  SEIZED  PROPERTY  SHALL BE DELIVERED BY THE POLICE OFFICER OR
 PEACE OFFICER HAVING MADE THE SEIZURE TO THE  CUSTODY  OF  THE  DISTRICT
 ATTORNEY  OF  THE  COUNTY  WHEREIN THE SEIZURE WAS MADE, TOGETHER WITH A
 REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
   3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
 THE SEIZURE IS MADE, TO  INQUIRE  INTO  THE  FACTS  OF  THE  SEIZURE  SO
 REPORTED  TO HIM OR HER AND IF IT APPEARS PROBABLE THAT A FORFEITURE HAS
 BEEN INCURRED BY REASON OF A VIOLATION OF  SECTION  165.71,  165.72,  OR
 165.73  OF THIS TITLE, FOR THE DETERMINATION OF WHICH THE INSTITUTION OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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