Assembly Bill A10403

Signed By Governor
2017-2018 Legislative Session

Relates to the disposal of property upon a judgment or order of forfeiture

download bill text pdf

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Archive: Last Bill Status - Signed by Governor

  • 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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2017-A10403 (ACTIVE) - Details

See Senate Version of this Bill:
S8760
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §1349, CPLR; amd §97-w, St Fin L

2017-A10403 (ACTIVE) - Summary

Relates to the disposal of property upon a judgment or order of forfeiture; requires a percentage of money from such disposal of property to be deposited into a subaccount of the general fund to be used for law enforcement diversion purposes.

2017-A10403 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10403
 
                           I N  A S S E M B L Y
 
                              April 19, 2018
                                ___________
 
 Introduced  by  M. of A. FAHY, McDONALD -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the civil practice law and rules and the  state  finance
   law,  in relation to the disposal of property upon a judgment or order
   of forfeiture
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraph  (i)  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, is amended to read as follows:
   (i)  seventy-five  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 subdivi-
 sion 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
 OR LAW ENFORCEMENT ASSISTED DIVERSION;
   § 2. Subdivision 3 of section  97-w  of  the  state  finance  law,  as
 amended  by  chapter  398  of  the  laws  of 2004, is amended to read as
 follows:
   3. Moneys of the fund, when  allocated,  shall  be  available  to  the
 commissioner  of  the  office of alcoholism and substance abuse services
 and shall be used to provide support for (A) funded agencies approved by
 the New York state office of alcoholism and  substance  abuse  services,
 [and] (B) local school-based and community programs which provide chemi-
 cal  dependence  prevention and education services, AND (C) LAW ENFORCE-
 MENT ASSISTED DIVERSION OF INDIVIDUALS  WITH  SUBSTANCE  USE  DISORDERS.
 Consideration shall be given to innovative approaches to providing chem-
 ical dependence services.
   § 3. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14938-03-8

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