Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to codes |
Jan 22, 2009 |
referred to codes |
Senate Bill S987
2009-2010 Legislative Session
Sponsored By
(D) 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
2009-S987 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยงยง1310 & 1311, CPLR
- Versions Introduced in 2011-2012 Legislative Session:
-
S2303
2009-S987 (ACTIVE) - Sponsor Memo
BILL NUMBER: S987 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to civil forfeiture of a motor vehicle in connection with a DWI charge SUMMARY : Amends Civil Practice Law & Rules Section 1310 to explicitly include a vehicle as the "instrumentality of a crime" when the crime charged is driving while intoxicated. Amends CPLR Section 1311 to require a claiming authority to pursue a forfeiture action against the vehicle of a driver who is charged with a third DWI within the preceding 5 years. JUSTIFICATION : Current law permits a claiming authority (generally the local district attorney) to seek the civil forfeiture of the instrumentality of a crime. Case law has established that a vehicle is the "instrumentality of a crime" where the defendant is charged with felony intoxicated driving. This change would alert prosecutors to the option of civil forfeiture for problem drunk drivers. In addition, this bill would require prosecutors to initiate civil forfeiture proceedings against drivers charged with a third felony-level DWI offense within the preceding 5 years. In essence, it would create a "three strikes and you're out" law for drunk drivers.
2009-S987 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 987 2009-2010 Regular Sessions I N S E N A T E January 22, 2009 ___________ Introduced by Sen. KRUGER -- 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 civil forfeiture of a motor vehicle in connection with a DWI charge THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 1310 of the civil practice law and rules, as added by chapter 669 of the laws of 1984, is amended to read as follows: 4. "Instrumentality of a crime" means any property, other than real property and any buildings, fixtures, appurtenances, and improvements thereon, whose use contributes directly and materially to the commission of a crime defined in subdivisions five and six [hereof] OF THIS SECTION, INCLUDING A VEHICLE, WHERE THE DRIVER IS CHARGED WITH A FELONY UNDER SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW. S 2. The opening paragraph of subdivision 1 of section 1311 of the civil practice law and rules, as amended by chapter 655 of the laws of 1990, is amended to read as follows: A civil action may be commenced by the appropriate claiming authority against a criminal defendant to recover the property which constitutes the proceeds of a crime, the substituted proceeds of a crime, an instru- mentality of a crime or the real property instrumentality of a crime or to recover a money judgment in an amount equivalent in value to the property which constitutes the proceeds of a crime, the substituted proceeds of a crime, an instrumentality of a crime, or the real property instrumentality of a crime. A CIVIL ACTION MUST BE COMMENCED TO RECOVER A VEHICLE WHERE THE DEFENDANT STANDS ACCUSED OF VIOLATING SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW AND THE DEFENDANT HAS BEEN TWICE CONVICTED OF VIOLATING SUBDIVISION TWO, THREE OR FOUR OF SECTION ELEVEN HUNDRED NINETY-TWO OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06791-01-9
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.