Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to codes |
Jan 07, 2015 |
referred to codes |
Senate Bill S855
2015-2016 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
co-Sponsors
(D) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
(D, IP) Senate District
2015-S855 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1158
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง1349, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S649, A6733
2011-2012: S3829, A6453
2013-2014: S2333, A1503
2017-2018: S4299, A835
2019-2020: S516
2015-S855 (ACTIVE) - Sponsor Memo
BILL NUMBER:S855 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, ox 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:
2015-S855 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 855 2015-2016 Regular Sessions I N S E N A T E (PREFILED) January 7, 2015 ___________ Introduced by Sens. KLEIN, CARLUCCI, GALLIVAN, MARCHIONE, SAVINO -- 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, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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