Senate Bill S366

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 Senate Committee Codes 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-S366 (ACTIVE) - Details

See Assembly Version of this Bill:
A3959
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add Art 166 §166.00, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2628, A11192, A3329
2011-2012: S4373, A3799
2013-2014: S2492, A681
2015-2016: S4655, A1817
2017-2018: S2620, A5072
2021-2022: S5240, A8931
2023-2024: S4192, A1579

2019-S366 (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-S366 (ACTIVE) - Sponsor Memo

2019-S366 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    366
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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