S T A T E O F N E W Y O R K
________________________________________________________________________
5221
1999-2000 Regular Sessions
I N A S S E M B L Y
February 24, 1999
___________
Introduced by M. of A. DALY -- Multi-Sponsored by -- M. of A. BURLING,
CALHOUN, CASALE, WIRTH -- 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-
BLY, DO ENACT AS FOLLOWS:
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
6 or 221.55 of the penal law.
7 S 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
12 SUBDIVISION, FORTY percent of all moneys realized through forfeiture
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-
17 SION, ALL moneys remaining after distributions pursuant to paragraphs
18 (a) through (g) of this subdivision shall be distributed as follows:
19 S 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
22 PRE-CONVICTION CRIME, DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE
23 PENAL LAW, ALL MONEYS WHICH ARE REMAINING AFTER DISTRIBUTIONS PURSUANT
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD07205-01-9
A. 5221 2
1 TO PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION, IN EQUAL AMOUNTS TO
2 THE CLAIMING AGENT, CLAIMING AUTHORITY AND THE LOCAL SOCIAL SERVICES
3 OFFICE LOCATED WITHIN THE JURISDICTION OF THE CLAIMING AUTHORITY FOR THE
4 FOLLOWING USES AND PURPOSES:
5 (I) TO IMPROVE TRAINING OF PERSONNEL AND TO ESTABLISH, OPERATE AND
6 IMPROVE COMMUNITY-BASED MULTI-DISCIPLINARY APPROACHES TO ADDRESS THE
7 PROBLEM OF CHILD SEXUAL MOLESTATION;
8 (II) TO CONDUCT TRAINING ON CHILD SEXUAL EXPLOITATION AND OTHER SEXUAL
9 MOLESTATION OF CHILDREN FOR OTHER PROFESSIONALS WHO COME IN CONTACT WITH
10 CHILDREN;
11 (III) TO PREVENT THE SEXUAL MOLESTATION OF CHILDREN; AND
12 (IV) TO FUND TREATMENT PROGRAMS FOR SEXUALLY VICTIMIZED CHILDREN.
13 S 4. This act shall take effect on the first day of January next
14 succeeding the date on which it shall have become a law.
.SO DOC A 5221 *END* BTXT 1999
Bill A05221
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