senate Bill S6440

2021-2022 Legislative Session

Enacts the "criminal forfeiture process act"; repealer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to codes
Apr 28, 2021 referred to codes

S6440 (ACTIVE) - Details

See Assembly Version of this Bill:
A7225
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Rpld & add Art 480 §§480.00 - 480.175, Pen L; amd §§690.10 & 690.55, CP L

S6440 (ACTIVE) - Summary

Enacts the "criminal forfeiture process act" to replace the process for the criminal forfeiture of certain property in certain instances.

S6440 (ACTIVE) - Sponsor Memo

S6440 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6440
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  enacting  the  "criminal forfeiture process act"; and to
   repeal certain provisions of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "criminal forfeiture process act".
   § 2. Article 480 of the penal law is REPEALED and a new article 480 is
 added to read as follows:
                                ARTICLE 480
                        CRIMINAL FORFEITURE PROCESS
 SECTION 480.00 LEGISLATIVE INTENT.
         480.05  DEFINITIONS.
         480.10  JURISDICTION.
         480.15  SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
         480.20  SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
         480.25  SEIZURE OR RESTRAINT OF REAL PROPERTY WITH PROCESS.
         480.30  CONTRABAND AND STOLEN PROPERTY.
         480.35  RECEIPT.
         480.40  PROPERTY EXEMPT FROM SEIZURE AND FORFEITURE.
         480.45  WAIVER PROHIBITION.
         480.50  TITLE.
         480.55  COUNSEL.
         480.60  NOTICE TO OTHER KNOWN OWNERS.
         480.65  PROMPT POST-SEIZURE HEARING.
         480.70  NOTICE OF PROPOSED FORFEITURE.
         480.75  NOTICE OF PROPOSED FORFEITURE AFTER INDICTMENT.
         480.80  DISCOVERY.
         480.85  TRIAL, CONVICTION, AND STANDARD OF PROOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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