STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3484
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 5, 2003
                                       ___________
 
        Introduced by M. of A. ALFANO -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to author-
          izing  a  claiming  authority  to  retain electronic equipment for law
          enforcement purposes
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The opening paragraph of subdivision 2 of section 1349 of
     2  the civil practice law and rules, as added by chapter 655 of the laws of
     3  1990, is amended to read as follows:
     4    If any other provision of law expressly governs the manner of disposi-
     5  tion of property subject to the judgment or order  of  forfeiture,  that
     6  provision  of  law shall be controlling.  Upon application by a claiming
     7  agent for reimbursement of moneys directly expended by a claiming  agent
     8  in  the underlying criminal investigation for the purchase of contraband
     9  which were converted into a non-monetary form or  which  have  not  been
    10  otherwise  recovered,  the  court  shall  direct such reimbursement from
    11  money forfeited pursuant to this article. Upon application of the claim-
    12  ing agent, the court may direct that any vehicles, electronic equipment,
    13  vessels or aircraft forfeited pursuant to this article  be  retained  by
    14  the claiming agent for law enforcement purposes, unless the court deter-
    15  mines  that  such property is subject to a perfected lien, in which case
    16  the court may not direct that the property be retained unless  all  such
    17  liens  on the property to be retained have been satisfied or pursuant to
    18  the court's order will be satisfied. In the absence of an application by
    19  the claiming agent, the claiming authority may apply  to  the  court  to
    20  retain  such  property  for law enforcement purposes. Upon such applica-
    21  tion, the court may direct that such property be retained by the  claim-
    22  ing  authority for law enforcement purposes, unless the court determines
    23  that such property is subject to a perfected lien. If not  so  retained,
    24  the  judgment  or  order shall direct the claiming authority to sell the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07375-01-3

        A. 3484                             2
 
     1  property in accordance with article fifty-one of this chapter, and  that
     2  the proceeds of such sale and any other moneys realized as a consequence
     3  of any forfeiture pursuant to this article shall be apportioned and paid
     4  in the following descending order of priority:
     5    § 2. This act shall take effect immediately.