Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jul 17, 2020 |
held for consideration in codes |
Jan 08, 2020 |
referred to codes |
Feb 07, 2019 |
referred to codes |
Assembly Bill A5211
2019-2020 Legislative Session
Sponsored By
DIPIETRO
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
Angelo J. Morinello
Brian D. Miller
John Salka
Joe DeStefano
multi-Sponsors
Stephen Hawley
2019-A5211 (ACTIVE) - Details
2019-A5211 (ACTIVE) - Summary
Permits civil forfeiture action to recover property used in or proceeds derived from criminal activity relating to sexual performances by a child; directs proceeds be used by local social services offices for the prevention and treatment of sexual abuses against children.
2019-A5211 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5211 2019-2020 Regular Sessions I N A S S E M B L Y February 7, 2019 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee on Codes AN ACT to amend the civil practice law and rules, in relation to forfei- ture of the proceeds of a felony related to a sexual performance by a child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 6 of section 1310 of the civil practice law and rules, as added by chapter 669 of the laws of 1984, is amended to read as follows: 6. "Pre-conviction forfeiture crime" means only a felony defined in article two hundred twenty OR TWO HUNDRED SIXTY-THREE, or section 221.30 or 221.55 of the penal law. § 2. Paragraph (g) and the opening paragraph of paragraph (h) of subdivision 2 of section 1349 of the civil practice law and rules, para- graph (g) as amended by chapter 398 of the laws of 2004 and the opening paragraph of paragraph (h) as added by chapter 655 of the laws of 1990, are amended to read as follows: (g) [Forty] EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (I) OF THIS SUBDIVISION, 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; [All] EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (I) OF THIS SUBDIVI- SION, ALL moneys remaining after distributions pursuant to paragraphs (a) through (g) of this subdivision shall be distributed as follows: § 3. Subdivision 2 of section 1349 of the civil practice law and rules is amended by adding a new paragraph (i) to read as follows: (I) WHEN THE FORFEITURE WAS BASED UPON A POST-CONVICTION CRIME OR PRE-CONVICTION CRIME, DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, ALL MONEYS WHICH ARE REMAINING AFTER DISTRIBUTIONS PURSUANT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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