S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3602
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ABINANTI, EPSTEIN, SAYEGH, SIMON, GOTTFRIED,
   TAYLOR, BARRON -- read once and referred to the Committee  on  Govern-
   mental Operations
 
 AN  ACT  to  amend  the  executive law, in relation to the creation of a
   database for property seized by certain law enforcement agencies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 845-e
 to read as follows:
   § 845-E. CENTRAL STATE DATABASE FOR PROPERTY SEIZED BY LAW ENFORCEMENT
 AGENCIES.  1. THE DIVISION SHALL COLLECT INFORMATION TO MAINTAIN,  ON  A
 CURRENT BASIS, A DATABASE OF ALL PROPERTY SEIZED, OBTAINED, OR OTHERWISE
 HELD  BY ALL LAW ENFORCEMENT AGENCIES THAT HAVE THE AUTHORITY TO CONFIS-
 CATE PROPERTY DURING THE COURSE OF  AN  INVESTIGATION.    SUCH  DATABASE
 SHALL INCLUDE:
   (A)  THE  DOLLAR  AMOUNT  OF  U.S.  CURRENCY  THAT HAS BECOME PROPERTY
 RETAINED BY A  LAW  ENFORCEMENT  AGENCY  AFTER  A  SETTLEMENT  AGREEMENT
 ENTERED INTO BETWEEN THE AGENCY AND CLAIMANTS FOR SUCH CURRENCY;
   (B)  THE  DOLLAR AMOUNT OF U.S. CURRENCY RETURNED BY A LAW ENFORCEMENT
 AGENCY TO THE CLAIMANT FOLLOWING A DISMISSAL, JUDGMENT, OR SETTLEMENT IN
 A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED ELEV-
 EN OF THE CIVIL PRACTICE LAW AND RULES;
   (C) THE NUMBER OF REGISTERED MOTOR VEHICLES THAT HAVE BECOME  PROPERTY
 RETAINED BY A LAW ENFORCEMENT AGENCY AFTER A SETTLEMENT OR JUDGMENT IN A
 CIVIL  FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN HUNDRED ELEVEN
 OF THE CIVIL PRACTICE LAW AND RULES;
   (D) THE REVENUE GENERATED BY LIQUIDATION OF REGISTERED MOTOR  VEHICLES
 THAT  HAVE  BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUI-
 DATED AND THE ENTITY CONTRACTED TO LIQUIDATE SUCH VEHICLES ON BEHALF  OF
 THE LAW ENFORCEMENT AGENCY;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01367-01-1
              

 A. 3602                             2
 
   (E)  THE  REVENUE GENERATED BY LIQUIDATION OF RETAINED PROPERTY, OTHER
 THAN REGISTERED  MOTOR  VEHICLES  AND  U.S.  CURRENCY,  AND  THE  ENTITY
 CONTRACTED  TO  LIQUIDATE  SUCH  PROPERTY ON BEHALF OF A LAW ENFORCEMENT
 AGENCY; AND
   (F)  THE  AMOUNT OF U.S. CURRENCY OBTAINED BY A LAW ENFORCEMENT AGENCY
 THROUGH DISBURSEMENT PURSUANT TO FEDERAL AND/OR STATE FORFEITURE LAWS.
   2. EACH HEAD OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL TRANSMIT
 TO THE DIVISION, NO LATER THAN JANUARY FIFTEENTH ANNUALLY, AND IN A FORM
 AND MANNER PRESCRIBED BY THE DIVISION, AN ITEMIZED REPORT CONTAINING THE
 PROPERTY OBTAINED BY SUCH LAW ENFORCEMENT AGENCY.    SUCH  REPORT  SHALL
 CONTAIN:
   (A)  THE TOTAL AMOUNT OF SEIZED PROPERTY IN THE FORM OF U.S. CURRENCY,
 DISAGGREGATED BY:
   (I) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED  AND  HELD  FOR
 SAFEKEEPING, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (II)  THE  DOLLAR  AMOUNT OF SUCH U.S. CURRENCY CLASSIFIED AND HELD AS
 ARREST EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (III) THE DOLLAR AMOUNT OF SUCH U.S.  CURRENCY  HELD  FOR  FORFEITURE,
 NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (IV)  THE  DOLLAR  AMOUNT  OF SUCH U.S. CURRENCY HELD AS INVESTIGATORY
 EVIDENCE, NOTING THE DOLLAR AMOUNT RETURNED TO CLAIMANTS;
   (V) THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS  BECOME  PROPERTY
 RETAINED  BY  THE  LAW  ENFORCEMENT  AGENCY AFTER A SETTLEMENT AGREEMENT
 ENTERED INTO BETWEEN THE LAW ENFORCEMENT AGENCY AND CLAIMANTS  FOR  SUCH
 CURRENCY;
   (VI)  THE DOLLAR AMOUNT OF SUCH U.S. CURRENCY THAT HAS BECOME PROPERTY
 RETAINED BY THE LAW ENFORCEMENT AGENCY  AFTER  A  JUDGMENT  IN  A  CIVIL
 FORFEITURE PROCEEDING;
   (VII)  THE  DOLLAR  AMOUNT  OF  SUCH U.S. CURRENCY RETURNED BY THE LAW
 ENFORCEMENT AGENCY TO THE CLAIMANT  FOLLOWING A DISMISSAL, JUDGMENT,  OR
 SETTLEMENT IN A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIRTEEN
 HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES; AND
   (VIII)  THE  DOLLAR  AMOUNT  OF SUCH CURRENCY THAT HAS BECOME RETAINED
 PROPERTY BECAUSE NO PERSON RETRIEVED SUCH CURRENCY.
   (B) THE TOTAL NUMBER OF SEIZED PROPERTY ITEMS IN THE  FORM  OF  REGIS-
 TERED MOTOR VEHICLES, DISAGGREGATED BY:
   (I)  THE  NUMBER  OF SUCH VEHICLES CLASSIFIED AND HELD FOR SAFEKEEPING
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (II) THE NUMBER  OF  SUCH  VEHICLES  CLASSIFIED  AND  HELD  AS  ARREST
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (III)  THE  NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD FOR FORFEITURE
 AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (IV) THE NUMBER OF SUCH VEHICLES CLASSIFIED AND HELD AS  INVESTIGATORY
 EVIDENCE AND THE NUMBER OF SUCH VEHICLES RETURNED TO CLAIMANTS;
   (V)  THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 THE LAW ENFORCEMENT AGENCY AFTER A SETTLEMENT OR  JUDGMENT  IN  A  CIVIL
 FORFEITURE PROCEEDING;
   (VI) THE NUMBER OF SUCH VEHICLES THAT HAVE BECOME PROPERTY RETAINED BY
 THE  LAW  ENFORCEMENT  AGENCY  BECAUSE  NO PERSON RETRIEVED SUCH VEHICLE
 WITHIN THE APPLICABLE LEGAL PERIOD;
   (VII) THE REVENUE GENERATED BY LIQUIDATION OF SUCH VEHICLES THAT  HAVE
 BECOME RETAINED PROPERTY, THE NUMBER OF SUCH VEHICLES LIQUIDATED AND THE
 ENTITY  CONTRACTED  TO  LIQUIDATE  SUCH  VEHICLES  ON  BEHALF OF THE LAW
 ENFORCEMENT AGENCY; AND
   (VIII) THE NUMBER OF SUCH VEHICLES  THAT  WERE  RETURNED  BY  THE  LAW
 ENFORCEMENT AGENCY TO VEHICLE CLAIMANTS FOLLOWING A DISMISSAL, JUDGMENT,

 A. 3602                             3
 
 OR SETTLEMENT IN A CIVIL FORFEITURE PROCEEDING PURSUANT TO SECTION THIR-
 TEEN HUNDRED ELEVEN OF THE CIVIL PRACTICE LAW AND RULES.
   (C) THE NUMBER OF THE FOLLOWING OTHER ITEMS OF SEIZED PROPERTY:
   (I) CELLULAR TELEPHONES;
   (II) CLOTHING ITEMS;
   (III) WALLETS;
   (IV) SETS OF KEYS;
   (V) IDENTIFICATION DOCUMENTS; AND
   (VI) NON-PERISHABLE PEDDLER PROPERTY ITEMS.
   3.  THE  DIVISION  SHALL  POST  ON THE DIVISION'S WEBSITE ON AN ANNUAL
 BASIS, NO LATER THAN SEPTEMBER FIRST OF EACH  YEAR, A  REPORT  PROVIDING
 THE  DATA  ON  SEIZED  PROPERTY  AND  RETAINED PROPERTY PURSUANT TO THIS
 SECTION FOR THE PRECEDING CALENDAR YEAR, WHICH SHALL INCLUDE THE  INFOR-
 MATION  PROVIDED BY LAW ENFORCEMENT AGENCIES PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION.
   4. UPON THE FAILURE OR REFUSAL TO  COMPLY  WITH  THE  REQUIREMENTS  OF
 SUBDIVISION  TWO  OF THIS SECTION, THE DIVISION MAY APPLY TO THE SUPREME
 COURT FOR AN ORDER DIRECTED TO  THE  PERSON  RESPONSIBLE  FOR  REQUIRING
 COMPLIANCE. UPON SUCH APPLICATION THE COURT MAY ISSUE AN ORDER REQUIRING
 COMPLIANCE,  AND A FAILURE TO COMPLY WITH SUCH ORDER SHALL BE A CONTEMPT
 OF COURT AND PUNISHABLE AS SUCH.
   § 2. This act shall take effect immediately.