S T A T E   O F   N E W   Y O R K
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                                      1741
                           1997-1998 Regular Sessions
                              I N  A S S E M B L Y
                                January 16, 1997
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    Introduced  by  M.  of A. PILLITTERE, GROMACK, WEISENBERG -- Multi-Spon-
      sored by -- M. of A.  D. BUTLER, CLARK, GREENE,  HARENBERG,  HOCHBERG,
      KAUFMAN,  KEANE,  MAGEE  -- read once and referred to the Committee 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-
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    bly, do enact as follows:
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 1    Section 1. Subdivision 6 of section 1310 of the civil practice law and
 2  rules, as added by chapter 669 of the laws of 1984, is amended  to  read
 3  as follows:
 4    6.  "Pre-conviction  forfeiture  crime" means only a felony defined in
 5  article two hundred twenty or two hundred sixty-three, or section 221.30
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 6  or 221.55 of the penal law.
 7     2. Paragraph (g) and the  opening  paragraph  of  paragraph  (h)  of
 8  subdivision  2  of  section 1349 of the civil practice law and rules, as
 9  added by chapter 655 of the  laws  of  1990,  are  amended  to  read  as
10  follows:
11    (g)  [Forty]  Except  as  otherwise  provided in paragraph (i) of this
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12  subdivision, forty percent of all  moneys  realized  through  forfeiture
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13  which  are  remaining  after  distributions  pursuant  to paragraphs (a)
14  through (f) of this subdivision, to the  substance  abuse  service  fund
15  established pursuant to section ninety-seven-w of the state finance law;
16    [All]  Except  as otherwise provided in paragraph (i) of this subdivi-
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17  sion, all moneys remaining after distributions  pursuant  to  paragraphs
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18  (a) through (g) of this subdivision shall be distributed as follows:
19     3. Subdivision 2 of section 1349 of the civil practice law and rules
20  is amended by adding a new paragraph (i) to read as follows:
21    (i)  When  the  forfeiture  was  based upon a post-conviction crime or
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22  pre-conviction crime, defined in article two hundred sixty-three of  the
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     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD05501-01-7
    A. 1741                             2
 1  penal  law,  all moneys which are remaining after distributions pursuant
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 2  to paragraphs (a) through (f) of this subdivision, in equal  amounts  to
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 3  the  claiming  agent,  claiming  authority and the local social services
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 4  office located within the jurisdiction of the claiming authority for the
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 5  following uses and purposes:
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 6    (i)  to  improve  training  of personnel and to establish, operate and
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 7  improve community-based multi-disciplinary  approaches  to  address  the
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 8  problem of child sexual molestation;
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 9    (ii) to conduct training on child sexual exploitation and other sexual
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10  molestation of children for other professionals who come in contact with
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11  children;
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12    (iii) to prevent the sexual molestation of children; and
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13    (iv) to fund treatment programs for sexually victimized children.
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14      4.  This  act  shall  take  effect on the first day of January next
15  succeeding the date on which it shall have become a law.