Assembly Bill A10055

2013-2014 Legislative Session

Relates to asset forfeiture

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2013-A10055 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1349, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A2717
2017-2018: A2254
2019-2020: A7012
2021-2022: A4970
2023-2024: A2743

2013-A10055 (ACTIVE) - Summary

Relates to asset forfeiture.

2013-A10055 (ACTIVE) - Bill Text download pdf 

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

                                  10055

                          I N  A S S E M B L Y

                              June 10, 2014
                               ___________

Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Peoples-
  Stokes, Cymbrowitz,  Lentol,  Gottfried,  Cahill)  --  read  once  and
  referred to the Committee on Codes

AN  ACT  to amend the civil practice law and rules, in relation to asset
  forfeiture

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

  Section  1.  Paragraphs  (e),  (f) and (g) of subdivision 2 of section
1349 of the civil practice law and rules,  paragraphs  (e)  and  (f)  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 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 chap-
ter] FORTY PERCENT OF ALL MONEYS REALIZED THROUGH FORFEITURE  WHICH  ARE
REMAINING,  IF  ANY,  AFTER  DISTRIBUTIONS  PURSUANT  TO  PARAGRAPHS (A)
THROUGH (D) OF THIS SUBDIVISION, TO THE CHEMICAL DEPENDENCE SERVICE FUND
ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-W OF THE STATE FINANCE LAW;
  (f) [In addition to amounts, if any, distributed pursuant to paragraph
(d) of this subdivision, five percent of  all  moneys  realized  through
forfeiture]  FIFTEEN  PERCENT  OF ALL MONEYS REALIZED THROUGH FORFEITURE
WHICH ARE REMAINING, IF ANY, AFTER DISTRIBUTIONS PURSUANT TO  PARAGRAPHS
(A)  THROUGH  (E) OF THIS SUBDIVISION to the claiming [agent] AUTHORITY,
IN ADDITION TO THE AMOUNTS, IF ANY, DISTRIBUTED  PURSUANT  TO  PARAGRAPH
(D)  OF  THIS SUBDIVISION, in satisfaction of actual costs [incurred for
protecting,  maintaining  and  forfeiting  the  property]  AND  EXPENSES
INCURRED IN THE INVESTIGATION, PREPARATION AND LITIGATION OF THE FORFEI-
TURE 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;

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

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