NY State Senate Bill 2009-S2506

Senate Bill S2506

2009-2010 Legislative Session

Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement a fund

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to codes
Feb 23, 2009	referred to codes

co-Sponsors

2009-S2506 (ACTIVE) - Details

See Assembly Version of this Bill:: A3785
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §60.35, add Art 413 §413.00, Pen L

2009-S2506 (ACTIVE) - Summary

Provides for a child victim fee imposed on conviction for certain crimes and forfeiture of instrumentalities of such crimes and uses moneys to supplement the children and families services enhancement fund; defines terms.

2009-S2506 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2506

 TITLE OF BILL :

An act to amend the penal law, in relation to forfeiture proceedings
and imposing a child victim fee on persons convicted of certain
offenses and using such fee to supplement a fund of the state

 PURPOSE :

To ensure adequate funding for certain children's programs through a
child victim fee and asset forfeiture.

 SUMMARY OF PROVISIONS :

Section 1 -- Amends the Penal Law to establish a "child victim fee" of
$50 to be paid by certain sexual predators.

Section 2 -- Amends certain portions of the Penal Law and ensures that
money collected by the "child victim fee" goes to the children and
family enhancement fund (State Finance Law section 97-yyy).

Section 3 -- Amends the Penal Law to state what must occur when
someone obligated to pay the child victim fee fails to pay the fee.

Section 4 -- Adds an Article 413 to the Penal Law. States that the

instrumentalities of sexual offenses and sexually violent offenses,
when the victim is a child, may be forfeited. Proceeds from the sale
of forfeited property is to be deposited in the children and family
enhancement fund.

Section 5 -- Effective date.

 JUSTIFICATION :

Throughout the country, parents, families, and communities are working
to develop solutions to tight child sexual predators. This legislation
is intended to create an additional funding source for programs that
educate kids on how to stay away from sexual predators Through asset
forfeiture and a new "child victim fee," we can adequately fund these
programs and help ensure that New York State's children are sate from
sex offenders.

 LEGISLATIVE HISTORY :

S.5092/A.8251 of 2007-2008 (Passed Senate)

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
180 days after it shall have become a law.

2009-S2506 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2506

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced by Sens. DeFRANCISCO, VOLKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to forfeiture proceedings and
  imposing  a  child victim fee on persons convicted of certain offenses
  and using such fee to supplement a fund of the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 1 of section 60.35 of the
penal law is amended by adding  a  new  subparagraph  (vi)  to  read  as
follows:
  (VI)  A  PERSON CONVICTED OF A SEX OFFENSE, A SEXUALLY VIOLENT OFFENSE
OR A DESIGNATED OFFENSE, AS EACH  CATEGORY  OF  OFFENSE  IS  DEFINED  BY
REFERENCE  IN  SUBPARAGRAPH  (IV)  OR  (V)  OF  THIS PARAGRAPH, AND SUCH
CONVICTED OFFENSE INVOLVES A CHILD VICTIM, SHALL,  IN  ADDITION  TO  ANY
OTHER  SURCHARGES AND FEES, PAY A CHILD VICTIM FEE OF FIFTY DOLLARS. FOR
PURPOSES OF THIS SECTION, "CHILD VICTIM" MEANS A VICTIM UNDER THE AGE OF
EIGHTEEN YEARS.
  S 2. Subdivisions 3, 4, 5 and 8 of section 60.35 of the penal law,  as
amended  by  section  1 of part E of chapter 56 of the laws of 2004, are
amended to read as follows:
  3. The mandatory surcharge, sex offender registration fee,  DNA  data-
bank  fee,  crime victim assistance fee, [and] supplemental sex offender
victim fee, AND CHILD VICTIM FEE provided for in subdivision one of this
section shall be paid to the clerk of the court or administrative tribu-
nal that rendered the conviction. Within the first ten days of the month
following collection of the mandatory surcharge, crime victim assistance
fee, [and] supplemental sex offender victim fee, AND  THE  CHILD  VICTIM
FEE,  the  collecting  authority shall determine the amount of mandatory
surcharge, crime victim assistance fee, [and] supplemental sex  offender
victim  fee, AND CHILD VICTIM FEE collected and, if it is an administra-
tive tribunal, or a town or village justice court,  it  shall  then  pay

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03302-01-9

S. 2506                             2

such  money to the state comptroller who shall deposit such money in the
state treasury pursuant to section one hundred twenty-one of  the  state
finance  law  to  the credit of the criminal justice improvement account
established  by  section  ninety-seven-bb  of  the  state  finance  law;
PROVIDED, HOWEVER, THAT THE CHILD VICTIM FEE SHALL BE DEPOSITED  IN  THE
CHILDREN  AND  FAMILY  SERVICES  ENHANCEMENT FUND ESTABLISHED BY SECTION
NINETY-SEVEN-YYY OF THE STATE FINANCE LAW.  Within the first ten days of
the month following collection of the sex offender registration fee  and
DNA databank fee, the collecting authority shall determine the amount of
the sex offender registration fee and DNA databank fee collected and, if
it is an administrative tribunal, or a town or village justice court, it
shall  then  pay  such  money to the state comptroller who shall deposit
such money in the state treasury pursuant to section one  hundred  twen-
ty-one  of  the  state finance law to the credit of the general fund. If
such collecting authority is  any  other  court  of  the  unified  court
system, it shall, within such period, pay such money attributable to the
mandatory  surcharge or crime victim assistance fee to the state commis-
sioner of taxation and finance to the credit  of  the  criminal  justice
improvement  account established by section ninety-seven-bb of the state
finance law.  If such collecting authority is any  other  court  of  the
unified  court  system,  it  shall,  within  such period, pay such money
attributable to the sex offender registration fee and the  DNA  databank
fee  to  the state commissioner of taxation and finance to the credit of
the general fund.  IF SUCH COLLECTING AUTHORITY IS ANY  OTHER  COURT  OF
THE  UNIFIED  COURT SYSTEM, IT SHALL, WITHIN SUCH PERIOD, PAY SUCH MONEY
ATTRIBUTABLE TO THE CHILD VICTIM FEE TO THE STATE COMMISSIONER OF  TAXA-
TION  AND  FINANCE  TO  THE  CREDIT  OF THE CHILDREN AND FAMILY SERVICES
ENHANCEMENT FUND.
  4. Any person who has paid a mandatory surcharge, sex offender  regis-
tration  fee,  DNA  databank  fee, a crime victim assistance fee [or], a
supplemental sex offender victim fee OR A CHILD  VICTIM  FEE  under  the
authority  of  this section based upon a conviction that is subsequently
reversed or who paid a mandatory surcharge,  sex  offender  registration
fee,  DNA databank fee, a crime victim assistance fee [or], supplemental
sex offender victim fee OR CHILD VICTIM FEE under the authority of  this
section  which  is  ultimately  determined  not  to  be required by this
section shall be entitled to a refund of such mandatory  surcharge,  sex
offender registration fee, DNA databank fee, crime victim assistance fee
[or],  supplemental  sex  offender  victim  fee OR CHILD VICTIM FEE upon
application to  the  state  comptroller.  The  state  comptroller  shall
require  such  proof  as  is  necessary  in order to determine whether a
refund is required by law.
  5. (a) When a person who is convicted of  a  crime  or  violation  and
sentenced  to  a  term  of  imprisonment has failed to pay the mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance fee [or], supplemental  sex  offender  victim  fee  OR  CHILD
VICTIM  FEE  required  by  this  section,  the  clerk  of the court that
rendered the conviction shall notify the superintendent or the municipal
official of the facility where the person is confined.  The  superinten-
dent  or  the  municipal  official  shall  cause  any amount owing to be
collected from such person during his or her term of  imprisonment  from
moneys to the credit of an inmates' fund or such moneys as may be earned
by  a person in a work release program pursuant to section eight hundred
sixty of the correction law. Such moneys attributable to  the  mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller  to  the  credit of the criminal justice improvement account

S. 2506                             3

established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee shall be paid over to the state comptroller to  the  credit  of  the
general  fund,  AND MONEYS ATTRIBUTABLE TO THE CHILD VICTIM FEE SHALL BE
PAID OVER TO THE STATE COMPTROLLER TO THE CREDIT  OF  THE  CHILDREN  AND
FAMILY SERVICES ENHANCEMENT FUND ESTABLISHED BY SECTION NINETY-SEVEN-YYY
OF  THE  STATE  FINANCE LAW, except that any such moneys collected which
are surcharges, sex offender registration fees, DNA databank fees, crime
victim assistance fees [or], supplemental sex offender  victim  fees  OR
CHILD  VICTIM  FEES levied in relation to convictions obtained in a town
or village justice court shall be paid  within  thirty  days  after  the
receipt  thereof  by  the  superintendent  or  municipal official of the
facility to the justice  of  the  court  in  which  the  conviction  was
obtained.  For  the purposes of collecting such mandatory surcharge, sex
offender registration fee, DNA databank  fee,  crime  victim  assistance
fee,  [and]  supplemental  sex  offender victim fee AND THE CHILD VICTIM
FEE, the state shall be legally entitled to the money to the  credit  of
an inmates' fund or money which is earned by an inmate in a work release
program.  For  purposes  of  this  subdivision, the term "inmates' fund"
shall mean moneys in the possession of an inmate at the time of  his  or
her admission into such facility, funds earned by him or her as provided
for  in  section  one hundred eighty-seven of the correction law and any
other funds received by him or her or on his or her behalf and deposited
with such superintendent or municipal official.
  (b) The incarceration fee provided for in subdivision two  of  section
one  hundred  eighty-nine of the correction law shall not be assessed or
collected if any order of restitution  or  reparation,  fine,  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee  [or],  supplemental  sex  offender  victim fee OR CHILD
VICTIM FEE remains unpaid.  In such circumstances, any monies which  may
lawfully  be  withheld from the compensation paid to a prisoner for work
performed while housed in a general confinement facility in satisfaction
of such an obligation shall first be applied toward satisfaction of such
obligation.
  8. Subdivision one of section 130.10 of  the  criminal  procedure  law
notwithstanding,  at the time that the mandatory surcharge, sex offender
registration fee or DNA databank fee, crime victim assistance fee  [or],
supplemental  sex  offender  victim fee OR CHILD VICTIM FEE is imposed a
town or village court may, and all other courts shall, issue  and  cause
to  be  served  upon the person required to pay the mandatory surcharge,
sex offender registration fee or DNA databank fee, crime victim  assist-
ance fee [or], supplemental sex offender victim fee OR CHILD VICTIM FEE,
a  summons  directing that such person appear before the court regarding
the payment of the mandatory surcharge, sex offender registration fee or
DNA databank fee, crime victim assistance  fee  [or],  supplemental  sex
offender  victim  fee  OR CHILD VICTIM FEE, if after sixty days from the
date it was imposed it remains unpaid. The designated date of appearance
on the summons shall be set for the first day court is in session  fall-
ing  after  the  sixtieth  day  from  the  imposition  of  the mandatory
surcharge, sex offender registration fee  or  DNA  databank  fee,  crime
victim  assistance  fee  [or],  supplemental  sex offender victim fee OR
CHILD VICTIM FEE.  The summons shall contain the information required by
subdivision two of section 130.10 of the criminal procedure  law  except
that in substitution for the requirement of paragraph (c) of such subdi-
vision  the  summons shall state that the person served must appear at a
date, time and specific location specified in the summons if after sixty

S. 2506                             4

days from the date of issuance the  mandatory  surcharge,  sex  offender
registration  fee or DNA databank fee, crime victim assistance fee [or],
supplemental sex offender victim fee OR CHILD VICTIM FEE remains unpaid.
The  court  shall not issue a summons under this subdivision to a person
who is being sentenced to a term of confinement in excess of sixty  days
in  jail  or  in  the department of correctional services. The mandatory
surcharges, sex offender registration fee and DNA databank  fees,  crime
victim  assistance fees [and], supplemental sex offender victim fees AND
CHILD VICTIM FEES for those persons shall be governed by the  provisions
of section 60.30 of this article.
  S  3.  Subdivision  5 of section 60.35 of the penal law, as amended by
section 2 of part E of chapter 56 of the laws of  2004,  is  amended  to
read as follows:
  5.  When  a  person  who  is  convicted  of  a  crime or violation and
sentenced to a term of imprisonment has  failed  to  pay  the  mandatory
surcharge, sex offender registration fee, DNA databank fee, crime victim
assistance  fee  [or],  supplemental  sex  offender  victim fee OR CHILD
VICTIM FEE required by  this  section,  the  clerk  of  the  court  that
rendered the conviction shall notify the superintendent or the municipal
official  of  the facility where the person is confined. The superinten-
dent or the municipal official  shall  cause  any  amount  owing  to  be
collected  from  such person during his or her term of imprisonment from
moneys to the credit of an inmates' fund or such moneys as may be earned
by a person in a work release program pursuant to section eight  hundred
sixty  of  the correction law. Such moneys attributable to the mandatory
surcharge or crime victim assistance fee shall be paid over to the state
comptroller to the credit of the criminal  justice  improvement  account
established by section ninety-seven-bb of the state finance law and such
moneys attributable to the sex offender registration fee or DNA databank
fee  shall  be  paid  over to the state comptroller to the credit of the
general fund AND SUCH MONEYS ATTRIBUTABLE TO THE CHILD VICTIM FEE  SHALL
BE  PAID OVER TO THE STATE COMPTROLLER TO THE CREDIT OF THE CHILDREN AND
FAMILY SERVICES ENHANCEMENT FUND ESTABLISHED BY SECTION NINETY-SEVEN-YYY
OF THE STATE FINANCE LAW, except that any such  moneys  collected  which
are surcharges, sex offender registration fees, DNA databank fees, crime
victim  assistance  fees  [or], supplemental sex offender victim fees OR
CHILD VICTIM FEES levied in relation to convictions obtained in  a  town
or  village  justice  court  shall  be paid within thirty days after the
receipt thereof by the  superintendent  or  municipal  official  of  the
facility  to  the  justice  of  the  court  in  which the conviction was
obtained. For the purposes of collecting such mandatory  surcharge,  sex
offender registration fee, DNA databank fee, crime victim assistance fee
[and],  supplemental  sex  offender victim fee AND CHILD VICTIM FEE, the
state shall be legally entitled  to  the  money  to  the  credit  of  an
inmates'  fund  or  money which is earned by an inmate in a work release
program. For purposes of this  subdivision,  the  term  "inmates'  fund"
shall  mean  moneys in the possession of an inmate at the time of his or
her admission into such facility, funds earned by him or her as provided
for in section one hundred eighty-seven of the correction  law  and  any
other funds received by him or her or on his or her behalf and deposited
with such superintendent or municipal official.
  S  4.  The penal law is amended by adding a new article 413 to read as
follows:
                               ARTICLE 413
          SEIZURE AND FORFEITURE OF INSTRUMENTALITIES OF CRIME
SECTION 413.00 SEIZURE AND FORFEITURE OF INSTRUMENTALITIES OF CRIME.

S. 2506                             5

S 413.00 SEIZURE AND FORFEITURE OF INSTRUMENTALITIES OF CRIME.
  1. ANY PEACE OFFICER, ACTING PURSUANT TO HIS OR HER SPECIAL DUTIES, OR
POLICE  OFFICER  OF  THIS STATE MAY SEIZE ANY INSTRUMENTALITIES OF CRIME
USED IN FURTHERANCE OF A CRIME INVOLVING A SEX OFFENSE,  AS  DEFINED  BY
SUBDIVISION  TWO  OF SECTION ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION
LAW OR A SEXUALLY VIOLENT OFFENSE AS DEFINED  BY  SUBDIVISION  THREE  OF
SECTION  ONE HUNDRED SIXTY-EIGHT-A OF THE CORRECTION LAW OR A DESIGNATED
OFFENSE, AS DEFINED BY SUBDIVISION SEVEN OF SECTION NINE  HUNDRED  NINE-
TY-FIVE  OF  THE  EXECUTIVE  LAW, THAT ALSO INVOLVES A CHILD VICTIM. FOR
PURPOSES OF THIS SECTION, "INSTRUMENTALITIES OF CRIME" MEANS ANY  TANGI-
BLE  PERSONAL  AND/OR REAL PROPERTY USED IN THE FURTHERANCE OF PLANNING,
COMMITTING OR ATTEMPTING TO COMMIT A SEX  OFFENSE,  A  SEXUALLY  VIOLENT
OFFENSE,  OR  A  DESIGNATED  OFFENSE;  AND "CHILD VICTIM" MEANS A VICTIM
UNDER THE AGE OF EIGHTEEN YEARS. SUCH INSTRUMENTALITIES OF  CRIME  SHALL
BE SUBJECT TO FORFEITURE AS PROVIDED IN THIS SECTION.
  2.  THE  SEIZED  TANGIBLE  PERSONAL PROPERTY SHALL BE DELIVERED BY THE
POLICE OFFICER OR PEACE OFFICER HAVING MADE THE SEIZURE TO  THE  CUSTODY
OF  THE  DISTRICT  ATTORNEY  OF THE COUNTY WHEREIN THE SEIZURE WAS MADE,
EXCEPT THAT IN THE CITIES OF NEW YORK, YONKERS AND BUFFALO,  THE  SEIZED
PROPERTY  SHALL  BE DELIVERED TO THE CUSTODY OF THE POLICE DEPARTMENT OF
SUCH CITIES, TOGETHER WITH A REPORT OF ALL THE FACTS  AND  CIRCUMSTANCES
OF THE SEIZURE.
  3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
THE  SEIZURE  WAS  MADE,  IF ELSEWHERE THAN IN THE CITIES OF NEW YORK OR
BUFFALO, AND WHERE THE SEIZURE IS MADE IN EITHER SUCH CITY IT  SHALL  BE
THE  DUTY  OF  THE  CORPORATION COUNSEL OF THE CITY, TO INQUIRE INTO THE
FACTS OF THE SEIZURE SO REPORTED TO HIM OR HER AND IF IT APPEARS  PROBA-
BLE  THAT A FORFEITURE HAS BEEN INCURRED, FOR THE DETERMINATION OF WHICH
THE INSTITUTION OF PROCEEDINGS IN THE SUPREME  COURT  IS  NECESSARY,  TO
CAUSE THE PROPER PROCEEDINGS TO BE COMMENCED AND PROSECUTED, AT ANY TIME
AFTER  THIRTY DAYS FROM THE DATE OF SEIZURE, TO DECLARE SUCH FORFEITURE,
UNLESS, UPON INQUIRY AND EXAMINATION SUCH DISTRICT  ATTORNEY  OR  CORPO-
RATION  COUNSEL  DECIDES  THAT  SUCH  PROCEEDINGS  CAN  NOT  PROBABLY BE
SUSTAINED OR THAT THE ENDS OF PUBLIC JUSTICE DO NOT  REQUIRE  THAT  THEY
SHOULD BE INSTITUTED OR PROSECUTED, IN WHICH CASE, THE DISTRICT ATTORNEY
OR  CORPORATION  COUNSEL SHALL CAUSE SUCH SEIZED PROPERTY TO BE RETURNED
TO THE OWNER THEREOF.
  4. NOTICE OF THE INSTITUTION OF THE  FORFEITURE  PROCEEDING  SHALL  BE
SERVED EITHER (A) PERSONALLY ON THE OWNERS OF THE SEIZED PROPERTY OR (B)
BY  REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICATION
OF THE NOTICE ONCE A WEEK  FOR  TWO  SUCCESSIVE  WEEKS  IN  A  NEWSPAPER
PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
  5.  FORFEITURE  SHALL  NOT BE ADJUDGED WHERE THE OWNERS ESTABLISHED BY
PREPONDERANCE OF THE EVIDENCE THAT (A) THE USE OF SUCH  SEIZED  PROPERTY
WAS NOT INTENTIONAL ON THE PART OF ANY OWNER, OR (B) SAID SEIZED PROPER-
TY WAS USED BY ANY PERSON OTHER THAN AN OWNER THEREOF, WHILE SUCH SEIZED
PROPERTY  WAS  UNLAWFULLY  IN  THE  POSSESSION  OF A PERSON WHO ACQUIRED
POSSESSION THEREOF IN VIOLATION OF  THE  CRIMINAL  LAWS  OF  THE  UNITED
STATES, OR OF ANY STATE.
  6.  THE  DISTRICT  ATTORNEY OR THE POLICE DEPARTMENT HAVING CUSTODY OF
THE SEIZED PROPERTY, AFTER SUCH JUDICIAL  DETERMINATION  OF  FORFEITURE,
SHALL,  BY  A  PUBLIC  NOTICE OF AT LEAST FIVE DAYS, SELL SUCH FORFEITED
PROPERTY AT PUBLIC SALE. THE  NET  PROCEEDS  OF  ANY  SUCH  SALE,  AFTER
DEDUCTION OF THE LAWFUL EXPENSES INCURRED, SHALL BE PAID TO THE CLERK OF
THE COURT OR ADMINISTRATIVE TRIBUNAL THAT RENDERED THE FORFEITURE. WITH-
IN  THE  FIRST TEN DAYS OF THE MONTH FOLLOWING COLLECTION OF THE FORFEI-

S. 2506                             6

TURE FUNDS, THE COLLECTING AUTHORITY SHALL DETERMINE THE AMOUNT OF FUNDS
COLLECTED AND, IF IT IS AN ADMINISTRATIVE TRIBUNAL, OR A TOWN OR VILLAGE
JUSTICE COURT, IT SHALL THEN PAY SUCH MONEY TO THE STATE COMPTROLLER WHO
SHALL  DEPOSIT  SUCH MONEY IN THE STATE TREASURY PURSUANT TO SECTION ONE
HUNDRED TWENTY-ONE OF THE STATE FINANCE LAW TO THE CREDIT OF  THE  CHIL-
DREN  AND  FAMILY SERVICES ENHANCEMENT FUND ESTABLISHED BY SECTION NINE-
TY-SEVEN-YYY OF THE STATE FINANCE LAW. IF SUCH COLLECTING  AUTHORITY  IS
ANY OTHER COURT OF THE UNIFIED COURT SYSTEM, IT SHALL, WITHIN SUCH PERI-
OD,  PAY  SUCH  MONEY  ATTRIBUTABLE TO THE FORFEITURE PROCEEDINGS TO THE
STATE COMMISSIONER OF TAXATION AND FINANCE TO THE CREDIT OF THE CHILDREN
AND FAMILY SERVICES ENHANCEMENT FUND.
  7. WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED  AND
DECLARED  FORFEITED  UNDER  THE  PROVISIONS OF THIS SECTION FILES WITH A
JUSTICE OF THE SUPREME  COURT  A  PETITION  FOR  THE  RECOVERY  OF  SUCH
FORFEITED  PROPERTY,  THE  JUSTICE OF THE SUPREME COURT MAY RESTORE SAID
FORFEITED PROPERTY UPON SUCH TERMS AND CONDITIONS AS  HE  OR  SHE  DEEMS
REASONABLE  AND JUST, IF THE PETITIONER ESTABLISHED EITHER OF THE AFFIR-
MATIVE DEFENSES SET FORTH IN SUBDIVISION FIVE OF THIS SECTION  AND  THAT
THE  PETITIONER  WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE OF THE FORFEI-
TURE PROCEEDING. IF  THE  PETITION  IS  FILED  AFTER  THE  SALE  OF  THE
FORFEITED  PROPERTY,  ANY  JUDGMENT  IN FAVOR OF THE PETITIONER SHALL BE
LIMITED TO THE NET PROCEEDS OF SUCH SALE, AFTER DEDUCTION OF THE  LAWFUL
EXPENSES  AND COSTS INCURRED BY THE DISTRICT ATTORNEY, POLICE DEPARTMENT
OR CORPORATION COUNSEL.
  8. NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL  BE
INSTITUTED  UNLESS  SUCH  SUIT  OR  ACTION IS COMMENCED WITHIN TWO YEARS
AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided that the amendments to  subdivision
5  of  section  60.35  of  the penal law made by section two of this act
shall be subject to the expiration and  reversion  of  such  subdivision
pursuant  to  subdivision  h  of  section 74 of chapter 3 of the laws of
1995, as amended, when upon such date the provisions of section three of
this act shall take effect.

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Senate Bill S2506

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Sponsored By

John A. DeFrancisco