Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 23, 2012 |
print number 3829a |
Apr 23, 2012 |
amend and recommit to codes |
Jan 04, 2012 |
referred to codes |
Mar 07, 2011 |
referred to codes |
Senate Bill S3829
2011-2012 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
Bill Amendments
co-Sponsors
(D) Senate District
(D, IP) Senate District
2011-S3829 - Details
- See Assembly Version of this Bill:
- A6453
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S649, A6733
2013-2014: S2333, A1503
2015-2016: S855, A1158
2017-2018: S4299, A835
2019-2020: S516
2011-S3829 - Sponsor Memo
BILL NUMBER:S3829 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to authorizing a claiming authority to retain personal property for law enforcement purposes PURPOSE: This bill permits law enforcement officials to retain personal property, such as electronic equipment or devices, surveillance equipment, computers, office equipment and other personal property that has been seized and forfeited, in order to utilize such personal property for law enforcement purposes. SUMMARY OF PROVISIONS: Section 1: Amends Civil Practice Law and Rules section 1349 to add personal property such as electronic equipment or devices, surveillance equipment, office equipment to items such as vehicles, vessels, and aircraft which may be currently retained by law enforcement entities after forfeiture and used for law enforcement purposes. EXISTING LAW: This valuable equipment cannot now be used by law
2011-S3829 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3829 2011-2012 Regular Sessions I N S E N A T E March 7, 2011 ___________ Introduced by Sens. KLEIN, CARLUCCI -- 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 personal property 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, vessels [or], aircraft, ELECTRONIC EQUIPMENT OR DEVICES, SURVEILLANCE EQUIPMENT, COMPUTERS, OFFICE EQUIPMENT AND OTHER PERSONAL PROPERTY 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. LBD09630-01-1
co-Sponsors
(D) Senate District
(D, IP) Senate District
2011-S3829A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6453
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1349, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S649, A6733
2013-2014: S2333, A1503
2015-2016: S855, A1158
2017-2018: S4299, A835
2019-2020: S516
2011-S3829A (ACTIVE) - Sponsor Memo
BILL NUMBER:S3829A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to authorizing a claiming authority to retain personal property for law enforcement purposes PURPOSE: This bill permits law enforcement officials to retain seized property, such as electronic, telecommunications or surveillance equipment or devices, computers, or office equipment that has been seized and forfeited, after approval of the court, in order to utilize such personal property for law enforcement purposes. SUMMARY OF PROVISIONS: Section 1: Amends Civil Practice Law and Rules section 1349 to add property such as electronic, telecommunications or surveillance equipment or devices, or office equipment to items such as vehicles, vessels, and aircraft which may be currently retained by state and local law enforcement entities after forfeiture and used for law enforcement purposes. EXISTING LAW: This valuable equipment cannot now be used by law enforcement officials.
2011-S3829A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3829--A 2011-2012 Regular Sessions I N S E N A T E March 7, 2011 ___________ Introduced by Sens. KLEIN, CARLUCCI, SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to author- izing a claiming authority to retain personal property 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, vessels [or], aircraft, ELECTRONIC, TELECOMMUNICATIONS OR SURVEILLANCE EQUIPMENT OR DEVICES, COMPUTERS AS DEFINED IN SUBDIVISION ONE OF SECTION 156.00 OF THE PENAL LAW OR OFFICE EQUIPMENT forfeited pursuant to this article be retained by the claiming agent for law enforcement 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09630-04-2
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