S T A T E O F N E W Y O R K
________________________________________________________________________
2490
1999-2000 Regular Sessions
I N A S S E M B L Y
January 25, 1999
___________
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. 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.
LBD07318-01-9
A. 2490 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 S 2. This act shall take effect immediately.
.SO DOC A 2490 *END* BTXT 1999
Bill A02490
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