S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8931
 
                           I N  A S S E M B L Y
 
                             January 19, 2022
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to the seizure and forfeiture
   of vehicles, vessels and aircraft used in counterfeit goods
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a  new  article  166  to
 read as follows:
                                ARTICLE 166
              SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND
                    AIRCRAFT USED IN COUNTERFEIT GOODS
 SECTION 166.00 SEIZURE  AND FORFEITURE OF VEHICLES, VESSELS AND AIRCRAFT
                  USED IN COUNTERFEIT GOODS.
 § 166.00 SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND  AIRCRAFT  USED
            IN COUNTERFEIT GOODS.
   1.  ANY VEHICLE, VESSEL OR AIRCRAFT WHICH HAS BEEN OR IS BEING USED IN
 VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS  TITLE  SHALL  BE
 SEIZED  BY  ANY  PEACE  OFFICER,  WHO  IS  ACTING PURSUANT TO HIS OR HER
 SPECIAL DUTIES, OR POLICE OFFICER, AND FORFEITED  AS  PROVIDED  IN  THIS
 SECTION.    HOWEVER,  SUCH  FORFEITURE  AND SEIZURE PROVISIONS SHALL NOT
 APPLY TO ANY VEHICLE, VESSEL OR AIRCRAFT USED BY ANY PERSON AS A  COMMON
 CARRIER IN THE TRANSACTION OF BUSINESS AS SUCH COMMON CARRIER.
   2.  THE  SEIZED  PROPERTY  SHALL BE DELIVERED BY THE POLICE OFFICER OR
 PEACE OFFICER HAVING MADE THE SEIZURE TO THE  CUSTODY  OF  THE  DISTRICT
 ATTORNEY  OF  THE  COUNTY  WHEREIN THE SEIZURE WAS MADE, TOGETHER WITH A
 REPORT OF ALL THE FACTS AND CIRCUMSTANCES OF THE SEIZURE.
   3. IT SHALL BE THE DUTY OF THE DISTRICT ATTORNEY OF THE COUNTY WHEREIN
 THE SEIZURE IS MADE, TO  INQUIRE  INTO  THE  FACTS  OF  THE  SEIZURE  SO
 REPORTED  TO HIM OR HER AND IF IT APPEARS PROBABLE THAT A FORFEITURE HAS
 BEEN INCURRED BY REASON OF A VIOLATION OF  SECTION  165.71,  165.72,  OR
 165.73  OF THIS TITLE, FOR THE DETERMINATION OF WHICH THE INSTITUTION OF
 PROCEEDINGS IN THE SUPREME COURT  IS  NECESSARY,  TO  CAUSE  THE  PROPER
 PROCEEDINGS  TO  BE  COMMENCED  AND PROSECUTED, AT ANY TIME AFTER THIRTY
 DAYS FROM THE DATE OF THE SEIZURE, TO DECLARE SUCH  FORFEITURE,  UNLESS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05883-01-1
 A. 8931                             2

 UPON  INQUIRY  AND  EXAMINATION,  SUCH  DISTRICT ATTORNEY OR CORPORATION
 COUNSEL DECIDES THAT SUCH PROCEEDINGS CAN NOT PROBABLY BE  SUSTAINED  OR
 THAT  THE  ENDS  OF  PUBLIC  JUSTICE  DO NOT REQUIRE THAT THEY SHOULD BE
 INSTITUTED OR PROSECUTED, IN WHICH CASE, THE DISTRICT ATTORNEY OR CORPO-
 RATION  COUNSEL  SHALL  CAUSE SUCH SEIZED PROPERTY TO BE RETURNED TO THE
 OWNER THEREOF.
   4. NOTICE OF THE INSTITUTION OF THE  FORFEITURE  PROCEEDING  SHALL  BE
 SERVED  EITHER  (A)  PERSONALLY ON THE OWNERS OF THE SEIZED PROPERTY, OR
 (B) BY REGISTERED MAIL TO THE OWNERS' LAST KNOWN ADDRESS AND BY PUBLICA-
 TION OF THE NOTICE ONCE A WEEK FOR TWO SUCCESSIVE WEEKS IN  A  NEWSPAPER
 PUBLISHED OR CIRCULATED IN THE COUNTY WHEREIN THE SEIZURE WAS MADE.
   5.  FORFEITURE  SHALL  NOT  BE  ADJUDGED WHERE THE OWNERS ESTABLISH BY
 PREPONDERANCE OF THE EVIDENCE THAT (A) THE USE OF SUCH SEIZED  PROPERTY,
 IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, WAS NOT
 INTENTIONAL  ON  THE  PART OF ANY OWNER, OR (B) SUCH SEIZED PROPERTY WAS
 USED IN VIOLATION OF SECTION 165.71, 165.72, OR 165.73 OF THIS TITLE, BY
 ANY PERSON OTHER THAN AN OWNER THEREOF, WHILE SUCH SEIZED  PROPERTY  WAS
 UNLAWFULLY IN THE POSSESSION OF A PERSON WHO ACQUIRED POSSESSION THEREOF
 IN VIOLATION OF THE CRIMINAL LAWS OF THE UNITED STATES, OR OF ANY STATE.
   6.  THE  DISTRICT  ATTORNEY OR THE POLICE DEPARTMENT HAVING CUSTODY OF
 THE SEIZED PROPERTY, AFTER SUCH JUDICIAL  DETERMINATION  OF  FORFEITURE,
 SHALL,  AT  THEIR DISCRETION, EITHER RETAIN SUCH SEIZED PROPERTY FOR THE
 OFFICIAL USE OF THEIR OFFICE OR DEPARTMENT, OR, BY A PUBLIC NOTICE OF AT
 LEAST FIVE DAYS, SELL SUCH FORFEITED PROPERTY AT PUBLIC  SALE.  THE  NET
 PROCEEDS  OF  ANY  SUCH  SALE,  AFTER  DEDUCTION  OF THE LAWFUL EXPENSES
 INCURRED, SHALL BE PAID INTO THE GENERAL FUND OF THE COUNTY WHEREIN  THE
 SEIZURE WAS MADE.
   7.  WHENEVER ANY PERSON INTERESTED IN ANY PROPERTY WHICH IS SEIZED AND
 DECLARED FORFEITED UNDER THE PROVISIONS OF THIS  SECTION  FILES  WITH  A
 JUSTICE  OF  THE  SUPREME  COURT  A  PETITION  FOR  THE RECOVERY OF SUCH
 FORFEITED PROPERTY, THE JUSTICE OF THE SUPREME COURT  MAY  RESTORE  SUCH
 FORFEITED  PROPERTY  UPON  SUCH  TERMS AND CONDITIONS AS HE OR SHE DEEMS
 REASONABLE AND JUST, IF THE PETITIONER ESTABLISHES EITHER OF THE  AFFIR-
 MATIVE  DEFENSES  SET FORTH IN SUBDIVISION FIVE OF THIS SECTION AND THAT
 THE PETITIONER WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE OF  THE  FORFEI-
 TURE  PROCEEDING.  IF  THE  PETITION  IS  FILED  AFTER  THE  SALE OF THE
 FORFEITED PROPERTY, ANY JUDGMENT IN FAVOR OF  THE  PETITIONER  SHALL  BE
 LIMITED  TO  THE NET PROCEEDS OF SUCH SALE AFTER DEDUCTION OF THE LAWFUL
 EXPENSES AND COSTS INCURRED BY THE DISTRICT ATTORNEY, POLICE  DEPARTMENT
 OR CORPORATION COUNSEL.
   8.  NO SUIT OR ACTION UNDER THIS SECTION FOR WRONGFUL SEIZURE SHALL BE
 INSTITUTED UNLESS SUCH SUIT OR ACTION  IS  COMMENCED  WITHIN  TWO  YEARS
 AFTER THE TIME WHEN THE PROPERTY WAS SEIZED.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.