NY State Senate Bill 2023-S6403

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Apr 18, 2023	referred to codes

2023-S6403 (ACTIVE) - Details

See Assembly Version of this Bill:: A5973
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §845-e, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A9874
2019-2020: A2130
2021-2022: A3602

2023-S6403 (ACTIVE) - Summary

Relates to the creation of a database for property seized by law enforcement agencies.

2023-S6403 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6403

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the executive law, in relation to the creation of a
database for property seized by certain law enforcement agencies

 
PURPOSE OR GENERAL IDEA OF BILL:

To create a database for property seized by police departments.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the executive law by adding a new 845-e.
Central state database for property seized by law enforcement agencies,
to:

1. Require the division of criminal justice services to collect informa-
tion for and maintain a central state database of all property seized,
obtained or otherwise held by all law enforcement agencies that have the
authority to confiscate property during the course of an investigation

which database shall include: (a) the dollar amount of U.S. currency
that has become property retained by a law enforcement agency after a
settlement agreement between the agency and claimants; (b) the dollar
amount of U.S. currency returned by a law enforcement agency to the
claimant following a dismissal, judgment, or settlement in a civil
forfeiture proceeding under civil practice laws and rules section 1311;
(c) the number of registered motor vehicles retained by a law enforce-
ment agency after a settlement or judgment in a civil forfeiture
proceeding under civil practice laws and rules section 1311; (d) the
number of and revenue generated by the liquidation of registered motor
vehicles that have been retained and the entity contracted to liquidate
such vehicles on behalf of the law enforcement agency; (e) the revenue
generated by liquidation of retained property, other than motor vehicles
and U.S. currency and the entity contracted to liquidate such property;
and (f) the amount of U.S. currency obtained by a law enforcement agency
through disbursement pursuant to federal and/or state forfeiture laws.

2. Require each head of a state or local law enforcement agency to
prepare and transmit to the division of criminal justice services, no
later than January 15 annually, an itemized report containing the prop-
erty obtained by such law enforcement agency which report shall contain:
(a) the total amount of seized property in the form of U.S.  currency,
disaggregated by the dollar amount: (i) held for safekeeping, as arrest
evidence, for forfeiture, as investigatory evidence, noting in each
instance the dollar amount returned to claimants; (ii) retained by such
law enforcement agency after a settlement agreement between the law
enforcement agency and claimants or a judgment in a civil forfeiture
proceeding, or because no person retrieved such property; and (iii)
returned by-such law enforcement agency to the claimant following a
dismissal, judgment, or settlement in a civil forfeiture proceeding
pursuant to civil practice law and rules section 1311; (b) the total
number of seized motor vehicles, disaggregated by the number: (i) held
for safekeeping, as arrest evidence, for forfeiture, as investigatory
evidence and for each the number of such vehicles returned to claimants;
(ii) retained by such law enforcement agency because no person retrieved
such vehicle; (iii) the number of vehicles and the revenue generated by
liquidation of vehicles that have been retained; and the number of vehi-
cles returned by such law enforcement agency to claimants; (c) the
number of the following other items of seized property: (i) cellular
telephones; (ii) clothing items; (iii) sets of keys; (iv) identification
documents; (v) wallets; and (vi) non-perishable peddler property items.

3. Require the division to post on its website annually, no later than
September 1 of each year, a report on the seized and retained property
for the preceding calendar year, which shall include the information
provided by the law enforcement agencies as specified in subdivision 2
above.

4. Provide that upon failure by a law enforcement agency to comply with
the requirements of subdivision two, the division may apply to the
supreme court for an order to require compliance.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2019, the U.S. Supreme Court in Timbs v. Indiana unanimously ruled
that the 14th Amendment to the U.S. Constitution limits the power of the
states and localities to seize (through "civil forfeiture") cash, cars,
houses and other private property allegedly used to commit crimes. The
court ruled that the 8th Amendment's prohibition of excessive fines
requires that penalties be proportionate to the crimes.

Under current law state and local law enforcement authorities are
authorized to seize the cash, cars or other personal property (civil
asset forfeiture) of people suspected of crimes but not charged.  Addi-
tionally, under current law state and local law enforcement agencies are
allowed to keep or sell up to 80 percent of the money or property seized
for their own use. Millions of dollars in assets are seized every year
from innocent New Yorkers who are provided little information on how to
retrieve the property seized from them.

This bill will increase transparency and help those entitled to the
return of seized property to seek its return by requiring the establish-
ment of a database of all property seized by state and local law
enforcement.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: A3602 referred to governmental operations

2019-20: A2130 referred to governmental operations;

2018: A9874 referred to governmental operations

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S6403 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6403
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to  amend  the  executive law, in relation to the creation of a
   database for property seized by certain law enforcement agencies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 845-e
 to read as follows:
   § 845-E. CENTRAL STATE DATABASE FOR PROPERTY SEIZED BY LAW ENFORCEMENT
 AGENCIES.  1. THE DIVISION SHALL COLLECT INFORMATION TO MAINTAIN,  ON  A
 CURRENT BASIS, A DATABASE OF ALL PROPERTY SEIZED, OBTAINED, OR OTHERWISE
 HELD  BY ALL LAW ENFORCEMENT AGENCIES THAT HAVE THE AUTHORITY TO CONFIS-
 CATE PROPERTY DURING THE COURSE OF  AN  INVESTIGATION.    SUCH  DATABASE
 SHALL INCLUDE:
   (A)  THE  DOLLAR  AMOUNT  OF  U.S.  CURRENCY  THAT HAS BECOME PROPERTY
 RETAINED BY A  LAW  ENFORCEMENT  AGENCY  AFTER  A  SETTLEMENT  AGREEMENT
 ENTERED INTO BETWEEN THE AGENCY AND CLAIMANTS FOR SUCH CURRENCY;
   (B)  THE  DOLLAR AMOUNT OF U.S. CURRENCY RETURNED BY A LAW ENFORCEMENT
 AGENCY TO THE CLAIMANT FOLLOWING A DISMISSAL, JUDGMENT, OR SETTLEMENT IN
 A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED ELEV-
 EN OF THE CIVIL PRACTICE LAW AND RULES;
   (C) THE NUMBER OF REGISTERED MOTOR VEHICLES THAT HAVE BECOME  PROPERTY
 RETAINED BY A LAW ENFORCEMENT AGENCY AFTER A SETTLEMENT OR JUDGMENT IN A
 CIVIL  FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED ELEVEN
 OF THE CIVIL PRACTICE LAW AND RULES;
   (D) THE REVENUE GENERATED BY LIQUIDATION OF REGISTERED MOTOR  VEHICLES
 THAT  HAVE  BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUI-
 DATED AND THE ENTITY CONTRACTED TO LIQUIDATE SUCH VEHICLES ON BEHALF  OF
 THE LAW ENFORCEMENT AGENCY;
   (E)  THE  REVENUE GENERATED BY LIQUIDATION OF RETAINED PROPERTY, OTHER
 THAN REGISTERED  MOTOR  VEHICLES  AND  U.S.  CURRENCY,  AND  THE  ENTITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09671-01-3

 S. 6403                             2
 
 CONTRACTED  TO  LIQUIDATE  SUCH  PROPERTY ON BEHALF OF A LAW ENFORCEMENT
 AGENCY; AND
   (F)  THE  AMOUNT OF U.S. CURRENCY OBTAINED BY A LAW ENFORCEMENT AGENCY
 THROUGH DISBURSEMENT PURSUANT TO FEDERAL AND/OR STATE FORFEITURE LAWS.
   2. EACH HEAD OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL TRANSMIT
 TO THE DIVISION, NO LATER THAN JANUARY FIFTEENTH ANNUALLY, AND IN A FORM
 AND MANNER PRESCRIBED BY THE DIVISION, AN ITEMIZED REPORT CONTAINING THE
 PROPERTY OBTAINED BY SUCH LAW ENFORCEMENT AGENCY.    SUCH  REPORT  SHALL
 CONTAIN:
   (A)  THE TOTAL AMOUNT OF SEIZED PROPERTY IN THE FORM OF U.S. CURRENCY,
 DISAGGREGATED BY:
   (I) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED  AND  HELD  FOR
 SAFEKEEPING, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (II)  THE  DOLLAR  AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED AND HELD AS
 ARREST EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (III) THE DOLLAR AMOUNT OF SUCH U.S.  CURRENCY  HELD  FOR  FORFEITURE,
 NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (IV)  THE  DOLLAR  AMOUNT  OF SUCH U.S. CURRENCY HELD AS INVESTIGATORY
 EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (V) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS  BECOME  PROPERTY
 RETAINED  BY  THE  LAW  ENFORCEMENT  AGENCY AFTER A SETTLEMENT AGREEMENT
 ENTERED INTO BETWEEN THE LAW ENFORCEMENT AGENCY AND CLAIMANTS  FOR  SUCH
 CURRENCY;
   (VI)  THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS BECOME PROPERTY
 RETAINED BY THE LAW ENFORCEMENT AGENCY  AFTER  A  JUDGMENT  IN  A  CIVIL
 FORFEITURE PROCEEDING;
   (VII)  THE  DOLLAR  AMOUNT  OF  SUCH U.S. CURRENCY RETURNED BY THE LAW
 ENFORCEMENT AGENCY TO THE CLAIMANT  FOLLOWING A DISMISSAL, JUDGMENT,  OR
 SETTLEMENT IN A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN
 HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES; AND
   (VIII)  THE  DOLLAR  AMOUNT  OF SUCH CURRENCY THAT HAS BECOME RETAINED
 PROPERTY BECAUSE NO PERSON RETRIEVED SUCH CURRENCY.
   (B) THE TOTAL NUMBER OF SEIZED PROPERTY ITEMS IN THE  FORM  OF  REGIS-
 TERED MOTOR VEHICLES, DISAGGREGATED BY:
   (I)  THE  NUMBER  OF SUCH VEHICLES CLASSIFIED AND HELD FOR SAFEKEEPING
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (II) THE NUMBER  OF  SUCH  VEHICLES  CLASSIFIED  AND  HELD  AS  ARREST
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (III)  THE  NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD FOR FORFEITURE
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (IV) THE NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD AS  INVESTIGATORY
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (V)  THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 THE LAW ENFORCEMENT AGENCY AFTER A SETTLEMENT OR  JUDGMENT  IN  A  CIVIL
 FORFEITURE PROCEEDING;
   (VI) THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 THE  LAW  ENFORCEMENT  AGENCY  BECAUSE  NO PERSON RETRIEVED SUCH VEHICLE
 WITHIN THE APPLICABLE LEGAL PERIOD;
   (VII) THE REVENUE GENERATED BY LIQUIDATION OF SUCH VEHICLES THAT  HAVE
 BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUIDATED AND THE
 ENTITY  CONTRACTED  TO  LIQUIDATE  SUCH  VEHICLES  ON  BEHALF OF THE LAW
 ENFORCEMENT AGENCY; AND
   (VIII) THE NUMBER OF SUCH VEHICLES  THAT  WERE  RETURNED  BY  THE  LAW
 ENFORCEMENT AGENCY TO VEHICLE CLAIMANTS FOLLOWING A DISMISSAL, JUDGMENT,
 OR SETTLEMENT IN A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIR-
 TEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES.
 S. 6403                             3
 
   (C) THE NUMBER OF THE FOLLOWING OTHER ITEMS OF SEIZED PROPERTY:
   (I) CELLULAR TELEPHONES;
   (II) CLOTHING ITEMS;
   (III) WALLETS;
   (IV) SETS OF KEYS;
   (V) IDENTIFICATION DOCUMENTS; AND
   (VI) NON-PERISHABLE PEDDLER PROPERTY ITEMS.
   3.  THE  DIVISION  SHALL  POST  ON THE DIVISION'S WEBSITE ON AN ANNUAL
 BASIS, NO LATER THAN SEPTEMBER FIRST OF EACH  YEAR, A  REPORT  PROVIDING
 THE  DATA  ON  SEIZED  PROPERTY  AND  RETAINED PROPERTY PURSUANT TO THIS
 SECTION FOR THE PRECEDING CALENDAR YEAR, WHICH SHALL INCLUDE THE  INFOR-
 MATION  PROVIDED BY LAW ENFORCEMENT AGENCIES PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION.
   4. UPON THE FAILURE OR REFUSAL TO  COMPLY  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION  TWO  OF THIS SECTION, THE DIVISION MAY APPLY TO THE SUPREME
 COURT FOR AN ORDER DIRECTED TO  THE  PERSON  RESPONSIBLE  FOR  REQUIRING
 COMPLIANCE. UPON SUCH APPLICATION THE COURT MAY ISSUE AN ORDER REQUIRING
 COMPLIANCE,  AND A FAILURE TO COMPLY WITH SUCH ORDER SHALL BE A CONTEMPT
 OF COURT AND PUNISHABLE AS SUCH.
   § 2. This act shall take effect immediately.

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Senate Bill S6403

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2023-S6403 (ACTIVE) - Details

2023-S6403 (ACTIVE) - Summary

2023-S6403 (ACTIVE) - Sponsor Memo

2023-S6403 (ACTIVE) - Bill Text download pdf

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Sponsored By

Nathalia Fernandez

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

2023-S6403 (ACTIVE) - Details

2023-S6403 (ACTIVE) - Summary

2023-S6403 (ACTIVE) - Sponsor Memo

2023-S6403 (ACTIVE) - Bill Text download pdf

Comments