S T A T E O F N E W Y O R K
________________________________________________________________________
7658
I N S E N A T E
May 23, 2014
___________
Introduced by Sens. NOZZOLIO, BALL, BONACIC, BOYLE, FELDER, GALLIVAN,
GOLDEN, GRIFFO, HANNON, LANZA, LARKIN, LITTLE, MARCELLINO, MARCHIONE,
MARTINS, MAZIARZ, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SAVINO,
SEWARD, VALESKY, YOUNG -- 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 forfei-
ture allocations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (e) and (g) of subdivision 2 of section 1349 of
the civil practice law and rules, paragraph (e) as added by chapter 655
of the laws of 1990 and paragraph (g) as amended by chapter 398 of the
laws of 2004, are amended to read as follows:
(e) In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, [fifteen] TWENTY-FIVE percent of all moneys
realized through forfeiture to the claiming authority in satisfaction of
actual costs and expenses incurred in the investigation, preparation and
litigation of the forfeiture action, including that proportion of the
salaries of the attorneys, clerical and investigative personnel devoted
thereto, plus all costs and disbursements taxable under the provisions
of this chapter. IF THE ACTUAL COSTS SUBMITTED BY THE CLAIMING AUTHORITY
PURSUANT TO THIS PARAGRAPH ARE LESS THAN THE CORPUS OF THE TWENTY-FIVE
PERCENT ALLOCATED AND ALLOWABLE FOR REIMBURSEMENT BY THIS SUBDIVISION,
THE CLAIMING AUTHORITY MAY RETAIN THE ADDITIONAL MONIES IN A DISTINCT
SUBACCOUNT SEGREGATED FROM THE CLAIMING AUTHORITY'S OTHER OPERATING
ACCOUNTS, SAID ADDITIONAL MONIES SHALL BE RESTRICTED TO USE BY THE
CLAIMING AUTHORITY ONLY FOR INVESTIGATION AND PROSECUTION OF ARTICLE TWO
HUNDRED TWENTY OFFENSES OF THE PENAL LAW;
(g) [Forty] FIFTY percent of all moneys realized through forfeiture
which are remaining after distributions pursuant to paragraphs (a)
through (f) of this subdivision, to the chemical dependence service fund
established pursuant to section ninety-seven-w of the state finance law;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD15368-02-4
S. 7658 2
S 2. Subparagraphs (i) and (ii) of paragraph (h) of subdivision 2 of
section 1349 of the civil practice law and rules, as added by chapter
655 of the laws of 1990, are amended to read as follows:
(i) [seventy-five] FIFTY percent of such moneys shall be deposited to
a law enforcement purposes subaccount of the general fund of the state
where the claiming agent is an agency of the state or the political
subdivision or public authority of which the claiming agent is a part,
to be used for law enforcement use in the investigation of penal law
offenses;
(ii) the remaining [twenty-five] FIFTY percent of such moneys shall be
deposited to a prosecution services subaccount of the general fund of
the state where the claiming authority is the attorney general or the
political subdivision of which the claiming authority is a part, to be
used for the prosecution of ARTICLE TWO HUNDRED TWENTY OFFENSES OF THE
penal law [offenses].
S 3. This act shall take effect immediately.