S T A T E O F N E W Y O R K ________________________________________________________________________ 8978 I N A S S E M B L Y January 20, 1998 ___________ Introduced by M. of A. ALFANO -- read once and referred to the Committee on Corporations, Authorities and Commissions 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. Subdivision 2 of section 1349 of the civil practice law and 2 rules, as added by chapter 655 of the laws of 1990, is amended to read 3 as follows: 4 2. If any other provision of law expressly governs the manner of 5 disposition of property subject to the judgment or order of forfeiture, 6 that provision of law shall be controlling. Upon application by a 7 claiming agent for reimbursement of moneys directly expended by a claim- 8 ing agent in the underlying criminal investigation for the purchase of 9 contraband which were converted into a non-monetary form or which have 10 not been otherwise recovered, the court shall direct such reimbursement 11 from money forfeited pursuant to this article. Upon application of the 12 claiming agent, the court may direct that any vehicles, electronic __________ 13 equipment, vessels or aircraft forfeited pursuant to this article be __________ 14 retained by the claiming agent for law enforcement purposes, unless the 15 court determines that such property is subject to a perfected lien, in 16 which case the court may not direct that the property be retained unless 17 all such liens on the property to be retained have been satisfied or 18 pursuant to the court's order will be satisfied. In the absence of an 19 application by the claiming agent, the claiming authority may apply to 20 the court to retain such property for law enforcement purposes. Upon 21 such application, the court may direct that such property be retained by 22 the claiming authority for law enforcement purposes, unless the court 23 determines that such property is subject to a perfected lien. If not so 24 retained, the judgment or order shall direct the claiming authority to 25 sell the property in accordance with article fifty-one of this chapter, 26 and that the proceeds of such sale and any other moneys realized as a EXPLANATION--Matter in italics (underscored) is new; matter in brackets _______ [ ] is old law to be omitted. LBD07101-01-8 A. 8978 2 1 consequence of any forfeiture pursuant to this article shall be appor- 2 tioned and paid in the following descending order of priority: 3 (a) Amounts ordered to be paid by the court in satisfaction of any 4 lien or claim against property forfeited. A fine imposed pursuant to the 5 penal law shall not be deemed to constitute a lien or claim for purposes 6 of this section; 7 (b) Amounts ordered to be paid by the defendant in any other action or 8 proceeding as restitution, reparations or damages to a victim of the 9 crime, which crime constitutes the basis upon which forfeiture was 10 effected under this article, to the extent such amounts remain unpaid; 11 (c) Amounts ordered to be paid by the defendant in any other action or 12 proceeding as restitution, reparations or damages to a victim of any 13 crime committed by the defendant even though such crime did not consti- 14 tute the basis for forfeiture under this article, to the extent that 15 such amounts remain unpaid; 16 (d) Amounts actually expended by a claiming authority or claiming 17 agent, which amounts are substantiated by vouchers or other evidence, 18 for the: 19 (i) maintenance and operation of real property attached pursuant to 20 this article. Expenditures authorized by this subparagraph are limited 21 to mortgage, tax and other financial obligations imposed by law and 22 those other payments necessary to provide essential services and repairs 23 to real property whose occupants are innocent of the criminal conduct 24 which led to the attachment or forfeiture; and 25 (ii) proper storage, cleanup and disposal of hazardous substances or 26 other materials, the disposal of which is governed by the environmental 27 conservation law, when such storage, cleanup or disposal is required by 28 circumstances attendant to either the commission of the crime or the 29 forfeiture action, or any order entered pursuant thereto; 30 (e) In addition to amounts, if any, distributed pursuant to paragraph 31 (d) of this subdivision, fifteen percent of all moneys realized through 32 forfeiture to the claiming authority in satisfaction of actual costs and 33 expenses incurred in the investigation, preparation and litigation of 34 the forfeiture action, including that proportion of the salaries of the 35 attorneys, clerical and investigative personnel devoted thereto, plus 36 all costs and disbursements taxable under the provisions of this chap- 37 ter; 38 (f) In addition to amounts, if any, distributed pursuant to paragraph 39 (d) of this subdivision, five percent of all moneys realized through 40 forfeiture to the claiming agent in satisfaction of actual costs 41 incurred for protecting, maintaining and forfeiting the property includ- 42 ing that proportion of the salaries of attorneys, clerical and investi- 43 gative personnel devoted thereto; 44 (g) Forty percent of all moneys realized through forfeiture which are 45 remaining after distributions pursuant to paragraphs (a) through (f) of 46 this subdivision, to the substance abuse service fund established pursu- 47 ant to section ninety-seven-w of the state finance law; 48 (h) All moneys remaining after distributions pursuant to paragraphs 49 (a) through (g) of this subdivision shall be distributed as follows: 50 (i) seventy-five percent of such moneys shall be deposited to a law 51 enforcement purposes subaccount of the general fund of the state where 52 the claiming agent is an agency of the state or the political subdivi- 53 sion or public authority of which the claiming agent is a part, to be 54 used for law enforcement use in the investigation of penal law offenses; 55 (ii) the remaining twenty-five percent of such moneys shall be depos- 56 ited to a prosecution services subaccount of the general fund of the A. 8978 3 1 state where the claiming authority is the attorney general or the poli- 2 tical subdivision of which the claiming authority is a part, to be used 3 for the prosecution of penal law offenses. 4 Where multiple claiming agents participated in the forfeiture action, 5 funds available pursuant to subparagraph (i) of this paragraph shall be 6 disbursed to the appropriate law enforcement purposes subaccounts in 7 accordance with the terms of a written agreement reflecting the partic- 8 ipation of each claiming agent entered into by the participating claim- 9 ing agents. 10  2. This act shall take effect immediately.