S T A T E O F N E W Y O R K ________________________________________________________________________ 3360 1997-1998 Regular Sessions I N A S S E M B L Y February 3, 1997 ___________ Introduced by M. of A. TEDISCO -- read once and referred to the Commit- tee on Codes AN ACT to amend the civil practice law and rules, in relation to extend- ing forfeiture provisions to crimes of obscenity The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision 5 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 5. "Post-conviction forfeiture crime" means any misdemeanor or felony __________________________ 5 defined in article two hundred thirty-five of the penal law or any felo- ______________________________________________________________ 6 ny defined in any other provision of the penal law or any other chapter ______________________ 7 of the consolidated laws of the state. 8  2. Paragraph (a) of subdivision 1 of section 1311 of the civil prac- 9 tice law and rules, as added by chapter 669 of the laws of 1984, is 10 amended to read as follows: 11 (a) Actions relating to post-conviction forfeiture crimes. An action 12 relating to a post-conviction forfeiture crime must be grounded upon a 13 conviction of a misdemeanor or felony defined in subdivision five of _______________ 14 section one thousand three hundred ten of this article, or upon criminal 15 activity arising from a common scheme or plan of which such a conviction 16 is a part, or upon a count of an indictment or information alleging such ____ 17 a misdemeanor or felony which was dismissed at the time of a plea of ______________ 18 guilty to a misdemeanor or felony in satisfaction of such count. A court ______________ 19 may not grant forfeiture until such conviction has occurred. However, an 20 action may be commenced, and a court may grant a provisional remedy 21 provided under this article, prior to such conviction having occurred. 22 An action under this paragraph must be dismissed at any time after sixty 23 days of the commencement of the action unless the conviction upon which 24 the action is grounded has occurred, or an indictment or information 25 upon which the asserted conviction is to be based is pending in a supe- EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD06981-01-7 A. 3360 2 1 rior court. An action under this paragraph shall be stayed during the 2 pendency of a criminal action which is related to it; provided, however, 3 that such stay shall not prevent the granting or continuance of any 4 provisional remedy provided under this article or any other provisions 5 of law. 6  3. This act shall take effect on the sixtieth day after it shall 7 have become a law.