S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5240
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 26, 2021
                                ___________
 
 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
 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.
              

                                                            LBD05883-01-1

 S. 5240                             2
 
 PROCEEDINGS  IN  THE  SUPREME  COURT  IS  NECESSARY, TO CAUSE THE PROPER
 PROCEEDINGS TO BE COMMENCED AND PROSECUTED, AT  ANY  TIME  AFTER  THIRTY
 DAYS  FROM  THE DATE OF THE SEIZURE, TO DECLARE SUCH FORFEITURE, UNLESS,
 UPON  INQUIRY  AND  EXAMINATION,  SUCH  DISTRICT ATTORNEY OR CORPORATION
 COUNSEL DECIDES THAT SUCH PROCEEDINGS CAN NOT PROBABLY BE  SUSTAINED  OR
 THAT  THE  ENDS  OF  PUBLIC  JUSTICE  DO NOT REQUIRE THAT THEY SHOULD BE
 INSTITUTED OR PROSECUTED, IN WHICH CASE, THE DISTRICT ATTORNEY OR CORPO-
 RATION COUNSEL SHALL CAUSE SUCH SEIZED PROPERTY TO BE  RETURNED  TO  THE
 OWNER THEREOF.
   4.  NOTICE  OF  THE  INSTITUTION OF THE FORFEITURE PROCEEDING SHALL BE
 SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE  SEIZED  PROPERTY,  OR
 (B) BY REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICA-
 TION  OF  THE NOTICE ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN A NEWSPAPER
 PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
   5. FORFEITURE SHALL NOT BE ADJUDGED  WHERE  THE  OWNERS  ESTABLISH  BY
 PREPONDERANCE  OF THE EVIDENCE THAT (A) THE USE OF SUCH SEIZED PROPERTY,
 IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, WAS NOT
 INTENTIONAL ON THE PART OF ANY OWNER, OR (B) SUCH  SEIZED  PROPERTY  WAS
 USED IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, BY
 ANY  PERSON  OTHER THAN AN OWNER THEREOF, WHILE SUCH SEIZED PROPERTY WAS
 UNLAWFULLY IN THE POSSESSION OF A PERSON WHO ACQUIRED POSSESSION THEREOF
 IN VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES, OR OF ANY STATE.
   6. THE DISTRICT ATTORNEY OR THE POLICE DEPARTMENT  HAVING  CUSTODY  OF
 THE  SEIZED  PROPERTY,  AFTER SUCH JUDICIAL DETERMINATION OF FORFEITURE,
 SHALL, AT THEIR DISCRETION, EITHER RETAIN SUCH SEIZED PROPERTY  FOR  THE
 OFFICIAL USE OF THEIR OFFICE OR DEPARTMENT, OR, BY A PUBLIC NOTICE OF AT
 LEAST  FIVE  DAYS,  SELL SUCH FORFEITED PROPERTY 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 COUNTY WHEREIN THE
 SEIZURE WAS MADE.
   7. WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED  AND
 DECLARED  FORFEITED  UNDER  THE  PROVISIONS OF THIS SECTION FILES WITH A
 JUSTICE OF THE SUPREME  COURT  A  PETITION  FOR  THE  RECOVERY  OF  SUCH
 FORFEITED  PROPERTY,  THE  JUSTICE OF THE SUPREME COURT MAY RESTORE SUCH
 FORFEITED PROPERTY UPON SUCH TERMS AND CONDITIONS AS  HE  OR  SHE  DEEMS
 REASONABLE  AND JUST, IF THE PETITIONER ESTABLISHES EITHER OF THE AFFIR-
 MATIVE DEFENSES SET FORTH IN SUBDIVISION FIVE OF THIS SECTION  AND  THAT
 THE  PETITIONER  WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE OF THE FORFEI-
 TURE PROCEEDING. IF  THE  PETITION  IS  FILED  AFTER  THE  SALE  OF  THE
 FORFEITED  PROPERTY,  ANY  JUDGMENT  IN FAVOR OF THE PETITIONER SHALL BE
 LIMITED TO THE NET PROCEEDS OF SUCH SALE AFTER DEDUCTION OF  THE  LAWFUL
 EXPENSES  AND COSTS INCURRED BY THE DISTRICT ATTORNEY, POLICE DEPARTMENT
 OR CORPORATION COUNSEL.
   8. NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL  BE
 INSTITUTED  UNLESS  SUCH  SUIT  OR  ACTION IS COMMENCED WITHIN TWO YEARS
 AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.