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

                                  2717

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01639-01-5
              

A. 2717                             2

clerical and investigative personnel devoted thereto, PLUS ALL COSTS AND
DISBURSEMENTS TAXABLE UNDER THE PROVISIONS OF THIS CHAPTER;
  (g) [Forty 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] FIVE
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, 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  INCLUDING  THAT PROPORTION OF THE SALARIES OF
ATTORNEYS, CLERICAL AND INVESTIGATIVE PERSONNEL DEVOTED THERETO;
  S 2. This act shall take effect immediately.