Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 08, 2015 |
referred to codes |
Assembly Bill A1158
2015-2016 Legislative Session
Sponsored By
GUNTHER
Archive: Last Bill Status - In Assembly 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
Frank Skartados
Earlene Hooper
Michael Montesano
multi-Sponsors
Jose Rivera
2015-A1158 (ACTIVE) - Details
- See Senate Version of this Bill:
- S855
- Current Committee:
- Assembly Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง1349, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A6733, S649
2011-2012: A6453, S3829
2013-2014: A1503, S2333
2017-2018: A835, S4299
2019-2020: S516
2015-A1158 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1158 2015-2016 Regular Sessions I N A S S E M B L Y January 8, 2015 ___________ Introduced by M. of A. GUNTHER, SKARTADOS, HOOPER, MONTESANO -- Multi- Sponsored by -- M. of A. RIVERA -- read once and referred 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, 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 the court to retain such property for law enforcement purposes. Upon such application, the court may direct that such property be retained by EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01125-01-5
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