Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Jan 12, 2009 |
referred to codes |
Senate Bill S649
2009-2010 Legislative Session
Sponsored By
(R, C) Senate District
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
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
(R) Senate District
2009-S649 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6733
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3829, A6453
2013-2014: S2333, A1503
2015-2016: S855, A1158
2017-2018: S4299, A835
2019-2020: S516
2009-S649 (ACTIVE) - Summary
Authorizes claiming authorities or agents to retain electronic equipment or devices and surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime; adds electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement officials after forfeiture.
2009-S649 (ACTIVE) - Sponsor Memo
BILL NUMBER: S649 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to authorizing a claiming authority to retain electronic equipment for law enforcement purposes PURPOSE : This bill permits law enforcement officials to retain electronic equipment or devices and surveillance equipment that has been seized and forfeited, in order to utilize the equipment for law enforcement purposes. SUMMARY OF PROVISIONS : This bill amends § 1349 of the Civil Practice Law and Rules (CPLR) to add electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement entities after forfeiture and used for law enforcement purposes. EXISTING LAW : This valuable equipment can not now be used by law enforcement officials. JUSTIFICATION :
2009-S649 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 649 2009-2010 Regular Sessions I N S E N A T E January 12, 2009 ___________ Introduced by Sens. LARKIN, BONACIC, GOLDEN, LEIBELL, SALAND, SKELOS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes 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: Section 1. The opening paragraph of subdivision 2 of section 1349 of the civil practice law and rules, as added by chapter 655 of the laws of 1990, is amended to read as follows: If any other provision of law expressly governs the manner of disposi- tion of property subject to the judgment or order of forfeiture, that provision of law shall be controlling. Upon application by a claiming agent for reimbursement of moneys directly expended by a claiming agent in the underlying criminal investigation for the purchase of contraband which were converted into a non-monetary form or which have not been otherwise recovered, the court shall direct such reimbursement from money forfeited pursuant to this article. Upon application of the claim- ing agent, the court may direct that any vehicles, ELECTRONIC EQUIPMENT OR DEVICES, SURVEILLANCE EQUIPMENT, vessels or aircraft forfeited pursu- ant to this article be retained by the claiming agent for law enforce- ment purposes, unless the court determines that such property is subject to a perfected lien, in which case the court may not direct that the property be retained unless all such liens on the property to be retained have been satisfied or pursuant to the court's order will be satisfied. In the absence of an application by the claiming agent, the claiming authority may apply to the court to retain such property for law enforcement purposes. Upon such application, the court may direct that such property be retained by the claiming authority for law enforcement purposes, unless the court determines that such property is EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05218-01-9
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