Assembly Bill A2096

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2096
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 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. 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:
   § 2. 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
 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05685-01-5
 A. 2096                             2
 
              

   (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.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.