S T A T E O F N E W Y O R K ________________________________________________________________________ 398 1997-1998 Regular Sessions I N A S S E M B L Y (Prefiled) __________ January 8, 1997 ___________ Introduced by M. of A. FELDMAN -- Multi-Sponsored by -- M. of A. HAREN- BERG, HOYT, PHEFFER, SIDIKMAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the civil practice law and rules, in relation to civil forfeiture of a motor vehicle in connection with a DWI charge The People of the State of New York, represented in Senate and Assem- ______________________________________________________________________ bly, do enact as follows: _________________________ 1 Section 1. Subdivision 4 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 4. "Instrumentality of a crime" means any property, other than real 5 property and any buildings, fixtures, appurtenances, and improvements 6 thereon, whose use contributes directly and materially to the commission 7 of a crime defined in subdivisions five and six [hereof] of this _______ 8 section, including a vehicle, where the driver is charged with a felony ________________________________________________________________________ 9 under subdivision two, three or four of section eleven hundred ninety- ________________________________________________________________________ 10 two of the vehicle and traffic law. __________________________________ 11  2. The opening paragraph of subdivision 1 of section 1311 of the 12 civil practice law and rules, as amended by chapter 655 of the laws of 13 1990, is amended to read as follows: 14 A civil action may be commenced by the appropriate claiming authority 15 against a criminal defendant to recover the property which constitutes 16 the proceeds of a crime, the substituted proceeds of a crime, an instru- 17 mentality of a crime or the real property instrumentality of a crime or 18 to recover a money judgment in an amount equivalent in value to the 19 property which constitutes the proceeds of a crime, the substituted 20 proceeds of a crime, an instrumentality of a crime, or the real property 21 instrumentality of a crime. A civil action must be commenced to recover ___________________________________________ 22 a vehicle where the defendant stands accused of violating subdivision ________________________________________________________________________ 23 two, three or four of section eleven hundred ninety-two of the vehicle ________________________________________________________________________ EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD00410-01-7 A. 398 2 1 and traffic law and the defendant has been twice convicted of violating ________________________________________________________________________ 2 subdivision two, three or four of section eleven hundred ninety-two of ________________________________________________________________________ 3 the vehicle and traffic law in the previous five years. A civil action _________________________________________________________ 4 may be commenced against a non-criminal defendant to recover the proper- 5 ty which constitutes the proceeds of a crime, the substituted proceeds 6 of a crime, an instrumentality of a crime, or the real property instru- 7 mentality of a crime provided, however, that a judgment of forfeiture 8 predicated upon clause (A) of subparagraph (iv) of paragraph (b) of 9 subdivision three [hereof] of this section shall be limited to the _________________ 10 amount of the proceeds of the crime. Any action under this article must 11 be commenced within five years of the commission of the crime and shall 12 be civil, remedial, and in personam in nature and shall not be deemed to 13 be a penalty or criminal forfeiture for any purpose. Except as other- 14 wise specially provided by statute, the proceedings under this article 15 shall be governed by this chapter. An action under this article is not 16 a criminal proceeding and may not be deemed to be a previous prosecution 17 under article forty of the criminal procedure law. 18  3. This act shall take effect immediately.