S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5211
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to forfei-
   ture  of the proceeds of a felony related to a sexual performance by a
   child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 1310 of the civil practice law and
 rules,  as  added by chapter 669 of the laws of 1984, is amended to read
 as follows:
   6. "Pre-conviction forfeiture crime" means only a  felony  defined  in
 article two hundred twenty OR TWO HUNDRED SIXTY-THREE, or section 221.30
 or 221.55 of the penal law.
   §  2.  Paragraph  (g)  and  the  opening paragraph of paragraph (h) of
 subdivision 2 of section 1349 of the civil practice law and rules, para-
 graph (g) as amended by chapter 398 of the laws of 2004 and the  opening
 paragraph  of paragraph (h) as added by chapter 655 of the laws of 1990,
 are amended to read as follows:
   (g) [Forty] EXCEPT AS OTHERWISE PROVIDED  IN  PARAGRAPH  (I)  OF  THIS
 SUBDIVISION,  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;
   [All]  EXCEPT  AS OTHERWISE PROVIDED IN PARAGRAPH (I) OF THIS SUBDIVI-
 SION, ALL moneys remaining after distributions  pursuant  to  paragraphs
 (a) through (g) of this subdivision shall be distributed as follows:
   § 3. Subdivision 2 of section 1349 of the civil practice law and rules
 is amended by adding a new paragraph (i) to read as follows:
   (I)  WHEN  THE  FORFEITURE  WAS  BASED UPON A POST-CONVICTION CRIME OR
 PRE-CONVICTION CRIME, DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF  THE
 PENAL  LAW,  ALL MONEYS WHICH ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07595-01-9

 A. 5211                             2
 
 TO PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION, IN EQUAL  AMOUNTS  TO
 THE  CLAIMING  AGENT,  CLAIMING  AUTHORITY AND THE LOCAL SOCIAL SERVICES
 OFFICE LOCATED WITHIN THE JURISDICTION OF THE CLAIMING AUTHORITY FOR THE
 FOLLOWING USES AND PURPOSES:
   (I)  TO  IMPROVE  TRAINING  OF PERSONNEL AND TO ESTABLISH, OPERATE AND
 IMPROVE COMMUNITY-BASED MULTI-DISCIPLINARY  APPROACHES  TO  ADDRESS  THE
 PROBLEM OF CHILD SEXUAL MOLESTATION;
   (II) TO CONDUCT TRAINING ON CHILD SEXUAL EXPLOITATION AND OTHER SEXUAL
 MOLESTATION OF CHILDREN FOR OTHER PROFESSIONALS WHO COME IN CONTACT WITH
 CHILDREN;
   (III) TO PREVENT THE SEXUAL MOLESTATION OF CHILDREN; AND
   (IV) TO FUND TREATMENT PROGRAMS FOR SEXUALLY VICTIMIZED CHILDREN.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.