S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6440
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  penal  law  and  the  criminal  procedure  law,  in
   relation  to  enacting  the  "criminal forfeiture process act"; and to
   repeal certain provisions of the penal law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "criminal forfeiture process act".
   § 2. Article 480 of the penal law is REPEALED and a new article 480 is
 added to read as follows:
                                ARTICLE 480
                        CRIMINAL FORFEITURE PROCESS
 SECTION 480.00 LEGISLATIVE INTENT.
         480.05  DEFINITIONS.
         480.10  JURISDICTION.
         480.15  SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
         480.20  SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
         480.25  SEIZURE OR RESTRAINT OF REAL PROPERTY WITH PROCESS.
         480.30  CONTRABAND AND STOLEN PROPERTY.
         480.35  RECEIPT.
         480.40  PROPERTY EXEMPT FROM SEIZURE AND FORFEITURE.
         480.45  WAIVER PROHIBITION.
         480.50  TITLE.
         480.55  COUNSEL.
         480.60  NOTICE TO OTHER KNOWN OWNERS.
         480.65  PROMPT POST-SEIZURE HEARING.
         480.70  NOTICE OF PROPOSED FORFEITURE.
         480.75  NOTICE OF PROPOSED FORFEITURE AFTER INDICTMENT.
         480.80  DISCOVERY.
         480.85  TRIAL, CONVICTION, AND STANDARD OF PROOF.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05916-04-1

 S. 6440                             2
 
         480.90  EXCEPTIONS TO THE CONVICTION REQUIREMENT.
         480.95  PROPORTIONALITY.
         480.100 SECURED INTEREST HOLDER.
         480.105 INNOCENT OWNER.
         480.110 JUDGMENT.
         480.115 SUBSTITUTION OF ASSETS.
         480.120 NO ADDITIONAL REMEDIES.
         480.125 NO JOINT-AND-SEVERAL LIABILITY.
         480.130 APPEALS.
         480.135 ATTORNEY FEES.
         480.140 RETURN OF PROPERTY; DAMAGES AND COSTS.
         480.145 DISPOSITION OF PROPERTY AND PROCEEDS.
         480.150 SALE RESTRICTIONS.
         480.155 PREEMPTION.
         480.160 LIMITATION ON FEDERAL ADOPTION.
         480.165 LIMITATION ON STATE AND FEDERAL JOINT TASK FORCES.
         480.170 GUIDANCE.
         480.175 SEVERABILITY.
 § 480.00 LEGISLATIVE INTENT.
   THE  LEGISLATURE  HEREBY  FINDS  THAT  FORFEITURE  IS  DISFAVORED. THE
 PURPOSE OF THIS ARTICLE IS TO:
   1. DETER CRIMINAL ACTIVITY BY REDUCING ITS ECONOMIC INCENTIVES;
   2. CONFISCATE PROPERTY USED IN  THE  VIOLATION  OF  LAW  AND  RESTRAIN
 PROFITS FROM ILLEGAL CONDUCT; AND
   3. PROTECT THE DUE PROCESS RIGHTS OF PROPERTY OWNERS.
 § 480.05 DEFINITIONS.
   FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "ABANDONED PROPERTY" MEANS PERSONAL PROPERTY LEFT BY AN  OWNER  WHO
 RELINQUISHES  ALL RIGHTS TO CONTROL OF SUCH PROPERTY. ABANDONED PROPERTY
 SHALL NOT INCLUDE REAL PROPERTY.
   2. "ACTUAL KNOWLEDGE" MEANS DIRECT AND CLEAR AWARENESS OF INFORMATION,
 A FACT, OR A CONDITION.
   3. "CONTRABAND" MEANS ANY ARTICLE OR THING WHICH A PERSON IS PROHIBIT-
 ED FROM OBTAINING OR POSSESSING BY LAW, RULE, OR REGULATION,  INCLUDING,
 BUT NOT LIMITED TO, ILLEGAL DRUGS OR FIREARMS.
   4.  "MOTOR  VEHICLE"  MEANS  A MOTOR VEHICLE AS DEFINED BY SECTION ONE
 HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC  LAW,  EXCEPT  THAT  SUCH
 TERM  SHALL  INCLUDE  ANY  TRAILER, SNOWMOBILE, AIRPLANE, VESSEL, OR ANY
 EQUIPMENT ATTACHED TO ONE OF SUCH DEVICES.  "MOTOR  VEHICLE"  SHALL  NOT
 INCLUDE STOLEN PROPERTY.
   5.  "INNOCENT OWNER" MEANS AN OWNER, AN OWNER-IN-JOINT-TENANCY, OR THE
 DEFENDANT'S HEIR OR OTHER OWNER OF PROPERTY SUBJECT  TO  FORFEITURE  WHO
 DOES  NOT  HAVE  ACTUAL KNOWLEDGE OF THE USE OF HIS OR HER PROPERTY IN A
 CRIME WHICH AUTHORIZES THE  FORFEITURE  OF  SUCH  PROPERTY.    "INNOCENT
 OWNER" SHALL NOT INCLUDE THE DEFENDANT OR A SECURED INTEREST HOLDER.
   6.  "INSTRUMENTALITY"  MEANS PROPERTY OTHERWISE LAWFUL TO POSSESS THAT
 IS USED IN A CRIME THAT AUTHORIZES  THE  FORFEITURE  OF  SUCH  PROPERTY.
 "INSTRUMENTALITY"  INCLUDES,  BUT  IS  NOT  LIMITED TO, LAND, BUILDINGS,
 CONTAINERS, CONVEYANCES, EQUIPMENT, MATERIALS, PRODUCTS, TOOLS,  COMPUT-
 ERS, COMPUTER SOFTWARE, TELECOMMUNICATIONS DEVICES, FIREARMS, AMMUNITION
 AND AMMUNITION-AND-FIREARM ACCESSORIES.
   7.  "LAW ENFORCEMENT AGENCY" MEANS ANY STATE OR LOCAL POLICE FORCE, OR
 ANY OTHER LOCAL, COUNTY, OR STATE AGENCY THAT HAS  THE  AUTHORITY  UNDER
 STATE LAW TO ENGAGE IN SEIZURE AND FORFEITURE.

 S. 6440                             3
 
   8. "PROCEEDS" MEANS MONEY, SECURITIES, NEGOTIABLE INSTRUMENTS OR OTHER
 MEANS OF EXCHANGE OBTAINED FROM THE SALE OF PROPERTY OR CONTRABAND.
   9.  "PROSECUTING  AUTHORITY"  MEANS  A  MUNICIPAL ATTORNEY, SOLICITOR,
 DISTRICT ATTORNEY, ATTORNEY GENERAL  AND  OTHER  ATTORNEY  ACTING  UNDER
 SPECIFIC  DIRECTION  AND AUTHORITY, APPOINTED OR CHARGED BY LAW WITH THE
 RESPONSIBILITY FOR PROSECUTING CRIME.
   10. "SECURED INTEREST HOLDER" MEANS A PERSON WHO IS A  SECURED  CREDI-
 TOR, MORTGAGEE, LIENHOLDER, OR OTHER PERSON WHO HAS A VALID CLAIM, SECU-
 RITY  INTEREST, MORTGAGE, LIEN, LEASEHOLD, OR OTHER INTEREST IN PROPERTY
 THAT IS SUBJECT TO  FORFEITURE.  "SECURED  INTEREST  HOLDER"  SHALL  NOT
 INCLUDE THE DEFENDANT OR AN INNOCENT OWNER.
 § 480.10 JURISDICTION.
   1. THIS ARTICLE SHALL ONLY APPLY TO PROPERTY SEIZED IN RELATION TO THE
 FOLLOWING:
   (A)  A  FELONY  CONTROLLED SUBSTANCE OFFENSE UNDER ARTICLE TWO HUNDRED
 TWENTY OF THIS CHAPTER OR A  FELONY  OFFENSE  INVOLVING  CANNABIS  UNDER
 ARTICLE TWO HUNDRED TWENTY-TWO OF THIS CHAPTER;
   (B)  A FELONY PROSTITUTION OFFENSE UNDER ARTICLE TWO HUNDRED THIRTY OF
 THIS CHAPTER;
   (C) A FELONY OFFENSE  INVOLVING  DRIVING  UNDER  THE  INFLUENCE  OF  A
 CONTROLLED SUBSTANCE OR ALCOHOL; OR
   (D)  AN  ARREST  OR SEARCH CONDUCTED IMMEDIATELY SUBSEQUENT TO THE HOT
 PURSUIT OF A PERSON SUSPECTED OF A FELONY OFFENSE FOR WHICH PROPERTY  IS
 SUBJECT TO SEIZURE AND FORFEITURE.
   2. THERE SHALL BE NO CIVIL FORFEITURE UNDER THIS ARTICLE.
   3.  THE  COURT  THAT  HAS  JURISDICTION IN THE RELATED CRIMINAL MATTER
 SHALL HAVE JURISDICTION OVER THE FORFEITURE PROCEEDING.
   4. THE FORFEITURE PROCEEDING SHALL BE PART OF THE TRIAL OF THE RELATED
 CRIME. IT SHALL  FOLLOW  A  FINDING  OF  THE  DEFENDANT'S  GUILT  OR  BE
 CONDUCTED  AT THE COURT'S DISCRETION. SUCH PROCEEDING SHALL BE CONDUCTED
 BY THE COURT WITHOUT A JURY.
 § 480.15 SEIZURE OF PERSONAL PROPERTY WITH PROCESS.
   AT THE REQUEST OF THE PROSECUTING AUTHORITY, THE COURT MAY ISSUE AN EX
 PARTE ORDER TO ATTACH, SEIZE  OR  SECURE  PERSONAL  PROPERTY  FOR  WHICH
 FORFEITURE  IS SOUGHT AND TO PROVIDE FOR ITS CUSTODY. APPLICATION, ISSU-
 ANCE, EXECUTION, AND RETURN ARE SUBJECT TO STATE LAW AND COURT RULES.
 § 480.20 SEIZURE OF PERSONAL PROPERTY WITHOUT PROCESS.
   PERSONAL PROPERTY MAY BE SEIZED, AS PART OF A LAWFUL SEARCH, WITHOUT A
 COURT ORDER IF:
   1. THE PERSONAL PROPERTY SUBJECT TO FORFEITURE IS SEIZED INCIDENT TO A
 LAWFUL ARREST;
   2. THE STATE HAS PROBABLE CAUSE TO BELIEVE THE  DELAY  CAUSED  BY  THE
 NECESSITY   OF   OBTAINING  PROCESS  WOULD  RESULT  IN  THE  REMOVAL  OR
 DESTRUCTION OF THE PERSONAL PROPERTY  THAT  IS  FORFEITABLE  UNDER  THIS
 CHAPTER; OR
   3.  THE PERSONAL PROPERTY IS THE SUBJECT OF A PRIOR AND VALID JUDGMENT
 OF FORFEITURE IN FAVOR OF THE STATE.
 § 480.25 SEIZURE OR RESTRAINT OF REAL PROPERTY WITH PROCESS.
   1. REAL PROPERTY SHALL NOT BE SEIZED OR  RESTRAINED  WITHOUT  A  COURT
 ORDER.
   2.  A COURT SHALL NOT ISSUE AN ORDER TO SEIZE REAL PROPERTY UNLESS THE
 DEFENDANT AND ANY OTHER PERSON WITH A KNOWN INTEREST IN SUCH REAL  PROP-
 ERTY  RECEIVE PROPER NOTICE AND ARE GIVEN AN OPPORTUNITY FOR A CONTESTED
 HEARING TO DETERMINE THE EXISTENCE OF PROBABLE CAUSE FOR SUCH SEIZURE.
   3. NOTHING IN THIS SECTION SHALL PROHIBIT  THE  PROSECUTING  AUTHORITY
 FROM  SEEKING  A  LIS PENDENS OR RESTRAINING ORDER TO HINDER THE SALE OR

 S. 6440                             4
 
 DESTRUCTION OF REAL PROPERTY OTHERWISE AUTHORIZED BY LAW. IF THE  PROSE-
 CUTING AUTHORITY OBTAINS A LIS PENDENS OR RESTRAINING ORDER, SUCH PROSE-
 CUTING  AUTHORITY SHALL NOTIFY THE DEFENDANT AND ANY OTHER PERSON WITH A
 KNOWN INTEREST IN THE PROPERTY WITHIN THIRTY DAYS.
   4.  APPLICATION,  FILING, ISSUANCE, EXECUTION, AND RETURN OF ANY ORDER
 SHALL BE SUBJECT TO THE LAWS OF THE STATE OF  NEW  YORK  AND  ANY  COURT
 RULES GENERALLY APPLICABLE TO SUCH ORDERS.
 § 480.30 CONTRABAND AND STOLEN PROPERTY.
   NO  PROPERTY  RIGHT  SHALL  EXIST  IN  CONTRABAND  OR STOLEN PROPERTY.
 CONTRABAND AND STOLEN PROPERTY SHALL BE SUBJECT TO  SEIZURE.  CONTRABAND
 SHALL  BE  DISPOSED  OF  ACCORDING  TO THE APPLICABLE STATE LAW FOR SUCH
 ARTICLE OR THING. STOLEN PROPERTY SHALL BE RETURNED TO ITS OWNER.
 § 480.35 RECEIPT.
   1. WHEN PROPERTY IS SEIZED, THE LAW ENFORCEMENT OFFICER SHALL GIVE  AN
 ITEMIZED  RECEIPT  TO THE PERSON POSSESSING SUCH PROPERTY AT THE TIME OF
 SEIZURE, OR OTHERWISE PURSUANT TO SECTION 690.50 OF THE CRIMINAL  PROCE-
 DURE LAW.
   2.  THE  RECEIPT  SHALL  BE  NUMBERED  FOR  FUTURE REFERENCE AND SHALL
 CONSTITUTE NOTICE OF SEIZURE.
 § 480.40 PROPERTY EXEMPT FROM SEIZURE AND FORFEITURE.
   1. THE FOLLOWING SHALL BE EXEMPT FROM SEIZURE AND FORFEITURE:
   (A) UNITED STATES CURRENCY TOTALING TWO HUNDRED DOLLARS OR LESS; AND
   (B) A MOTOR VEHICLE WITH A MARKET VALUE  OF  LESS  THAN  TWO  THOUSAND
 DOLLARS.
   2.  THE  PROSECUTING  AUTHORITY  SHALL ADVISE AS TO WHICH PUBLICATIONS
 THAT LAW ENFORCEMENT AGENCIES MAY USE TO ESTABLISH THE VALUE OF A  MOTOR
 VEHICLE IN THE PROSECUTING AUTHORITY'S JURISDICTION.
   3. A PROSECUTING AUTHORITY MAY ESTABLISH A MINIMUM-DOLLAR AMOUNT LARG-
 ER  THAN  THOSE  IN  PARAGRAPHS  (A)  AND (B) OF SUBDIVISION ONE OF THIS
 SECTION IN THE PROSECUTING AUTHORITY'S JURISDICTION.
   4. THE PRESENCE OR POSSESSION OF UNITED STATES CURRENCY, WITHOUT OTHER
 INDICIA OF A CRIME THAT AUTHORIZES THE FORFEITURE OF PROPERTY, SHALL  BE
 INSUFFICIENT PROBABLE CAUSE FOR THE SEIZURE OF SUCH CURRENCY.
 § 480.45 WAIVER PROHIBITION.
   1.  A  LAW  ENFORCEMENT OFFICER, OTHER THAN THE PROSECUTING AUTHORITY,
 SHALL NOT REQUEST, REQUIRE OR INDUCE A PERSON TO WAIVE, FOR  PURPOSE  OF
 SEIZURE OR FORFEITURE, SUCH PERSON'S INTEREST IN SEIZED PROPERTY.
   2. A DOCUMENT PURPORTING TO WAIVE INTEREST OR RIGHTS IN SEIZED PROPER-
 TY SHALL BE VOID AND INADMISSIBLE IN COURT.
 § 480.50 TITLE.
   1.  TITLE TO SEIZED PROPERTY SUBJECT TO FORFEITURE SHALL VEST WITH THE
 STATE WHEN THE COURT ISSUES A FORFEITURE JUDGMENT AND SHALL RELATE  BACK
 TO THE TIME WHEN SUCH PROPERTY WAS SEIZED OR RESTRAINED.
   2.  TITLE  TO  SUBSTITUTE  ASSETS  SHALL VEST WHEN THE COURT ISSUES AN
 ORDER FORFEITING SUCH SUBSTITUTE ASSETS.
 § 480.55 COUNSEL.
   1. IF A DEFENDANT IN A CRIMINAL PROSECUTION IS REPRESENTED BY A PUBLIC
 DEFENDER, SUCH PUBLIC DEFENDER'S OFFICE MAY AUTHORIZE REPRESENTATION  OF
 SUCH  DEFENDANT  IN  THE  FORFEITURE  PROCEEDING  AND  ANY OTHER RELATED
 PROCEEDING.
   2. IF A DEFENDANT AND ANY OTHER PERSON  WITH  AN  INTEREST  IN  SEIZED
 PROPERTY  ENGAGES  IN  PRO  SE  REPRESENTATION  IN  A FORFEITURE-RELATED
 PROCEEDING BEFORE A JUDGE, THE COURT SHALL NOT BE BOUND  BY  THE  COMMON
 LAW,  COURT RULES OF EVIDENCE, STATUTORY RULES OF EVIDENCE, TECHNICAL OR
 FORMAL RULES OF  EVIDENCE,  PLEADING  OR  PROCEDURE  IN  THE  LITIGATION
 RELATED TO THE FORFEITURE OF SUCH PROPERTY.

 S. 6440                             5
 
 § 480.60 NOTICE TO OTHER KNOWN OWNERS.
   1.  THE  PROSECUTING  AUTHORITY  SHALL  PERFORM A REASONABLE SEARCH OF
 PUBLIC RECORDS TO IDENTIFY ANY PERSON, OTHER THAN THE  DEFENDANT,  KNOWN
 TO HAVE AN INTEREST IN SEIZED PROPERTY SUBJECT TO FORFEITURE.
   2.  THE  PROSECUTING AUTHORITY SHALL GIVE NOTICE TO ANY PERSON IDENTI-
 FIED TO HAVE AN INTEREST IN SEIZED PROPERTY SUBJECT TO  FORFEITURE,  WHO
 IS NOT CHARGED OR INDICTED.  THE NOTICE SHALL INCLUDE, IF AVAILABLE, THE
 SEIZURE  RECEIPT NUMBER PURSUANT TO SUBDIVISION TWO OF SECTION 480.35 OF
 THIS ARTICLE.  NOTICE SHALL BE GIVEN AS PROVIDED BY  THE  RULES  OF  THE
 COURT.
   3. THE FOLLOWING LANGUAGE SHALL SUBSTANTIALLY AND CONSPICUOUSLY APPEAR
 IN THE NOTICE REQUIRED BY THIS SECTION:
 "WARNING: YOU MAY LOSE THE RIGHT TO BE HEARD IN COURT IF YOU DO NOT FILE
 PROMPTLY  A STATEMENT OF INTEREST OR OWNERSHIP. YOU DO NOT HAVE TO PAY A
 FILING FEE TO FILE YOUR NOTICE."
   4. IF NOTICE IS NOT SERVED ON ANY PERSONS APPEARING TO HAVE AN  INTER-
 EST IN SEIZED PROPERTY AND NO TIME EXTENSION IS GRANTED OR THE EXTENSION
 PERIOD  HAS  EXPIRED, THE PROSECUTING AUTHORITY OR COURT SHALL ORDER THE
 RETURN OF SUCH PROPERTY TO THE PERSON FROM WHOM SUCH PROPERTY WAS SEIZED
 UPON THE REQUEST OF SUCH PERSON.  CONTRABAND SHALL NOT BE RETURNED.
 § 480.65 PROMPT POST-SEIZURE HEARING.
   1. FOLLOWING A SEIZURE OF PROPERTY, A DEFENDANT OR OTHER  PERSON  WITH
 AN INTEREST IN SUCH SEIZED PROPERTY SHALL HAVE A RIGHT TO A PROMPT POST-
 SEIZURE HEARING.
   2. A PERSON WITH AN INTEREST IN SEIZED PROPERTY MAY PETITION THE COURT
 FOR A HEARING.
   3.  AT THE COURT'S DISCRETION, THE COURT MAY HOLD A POST-SEIZURE HEAR-
 ING:
   (A) AS A SEPARATE HEARING; OR
   (B) AT THE SAME TIME AS A PROBABLE-CAUSE  DETERMINATION,  A  POST-ARR-
 AIGNMENT OMNIBUS HEARING OR OTHER PRETRIAL HEARING.
   4. A PARTY, BY AGREEMENT OR FOR GOOD CAUSE, MAY MOVE FOR ONE EXTENSION
 OF NO MORE THAN TEN DAYS. ANY MOTION SHALL BE SUPPORTED BY AFFIDAVITS OR
 OTHER SUBMISSIONS.
   5. THE COURT SHALL ORDER THE RETURN OF SEIZED PROPERTY IF IT FINDS:
   (A) THE SEIZURE WAS INVALID;
   (B)  A  CRIMINAL  CHARGE  HAS  NOT  BEEN FILED AND NO EXTENSION OF THE
 FILING PERIOD IS AVAILABLE;
   (C) THE SEIZED PROPERTY IS NOT  REASONABLY  REQUIRED  TO  BE  HELD  AS
 EVIDENCE;
   (D) THE FINAL JUDGMENT LIKELY WILL BE IN FAVOR OF THE DEFENDANT OR ANY
 OTHER PERSON WITH AN INTEREST IN THE PROPERTY; OR
   (E) THE SEIZED PROPERTY IS THE ONLY REASONABLE MEANS FOR THE DEFENDANT
 TO  PAY  FOR LEGAL REPRESENTATION UNLESS THE PROSECUTING AUTHORITY SHOWS
 BY CLEAR AND CONVINCING EVIDENCE THAT THE SEIZED PROPERTY IS THE INSTRU-
 MENTALITY OF OR PROCEEDS DERIVED DIRECTLY OF THE  CRIME  FOR  WHICH  THE
 DEFENDANT IS CHARGED.
   6.  AT THE COURT'S DISCRETION, IT MAY ORDER THE RETURN OF ENOUGH FUNDS
 AND PROPERTY, NOT NEEDED AS EVIDENCE, FOR THE DEFENDANT TO OBTAIN  COUN-
 SEL OF CHOICE BUT LESS THAN THE TOTAL AMOUNT SEIZED.
   7. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CONTRABAND.
 § 480.70 NOTICE OF PROPOSED FORFEITURE.
   1.  IN ANY CASE IN WHICH THE STATE SEEKS FORFEITURE OF PROPERTY, OTHER
 THAN UNDER SECTION 480.75 OF THIS  ARTICLE,  THE  PROSECUTING  AUTHORITY
 SHALL  FILE  WITH  THE COURT A NOTICE OF PROPOSED FORFEITURE. THE NOTICE

 S. 6440                             6
 
 SHALL ACCOMPANY THE INITIAL  OR  SUBSEQUENT  CHARGING  INSTRUMENT.  SUCH
 NOTICE SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) A DESCRIPTION OF THE PROPERTY SEIZED;
   (B) THE TIME, DATE AND PLACE OF THE SEIZURE;
   (C)  THE SEIZURE RECEIPT NUMBER PURSUANT TO SUBDIVISION TWO OF SECTION
 480.35 OF THIS ARTICLE, IF AVAILABLE; AND
   (D) A DESCRIPTION OF HOW THE SEIZED PROPERTY WAS USED  IN  OR  DERIVED
 FROM THE ALLEGED CRIME.
   2. THE PROSECUTING AUTHORITY MAY ALLEGE THE FORFEITURE OF SEIZED PROP-
 ERTY  AS  A  SANCTION  RELATED  TO  THE CRIME FOR WHICH THE DEFENDANT IS
 CHARGED, AS PART OF SENTENCING CONSIDERATION, OR THROUGH OTHER MEANS  TO
 EFFECTUATE THE CRIMINAL FORFEITURE OF SUCH PROPERTY.
   3. THE NOTICE SHALL NOT BE READ TO ANY JURY.
   4.  THE  STATE MAY AMEND THE NOTICE OF PROPOSED FORFEITURE AT ANY TIME
 PRIOR TO TRIAL.
   5. THE COURT MAY GRANT AN UNLIMITED NUMBER  OF  NINETY-DAY  EXTENSIONS
 FOR  THE  FILING  OF  A CRIMINAL CHARGE IF, FOR EACH SUCH EXTENSION, THE
 COURT  DETERMINES  PROBABLE  CAUSE  IS  SHOWN  AND  ADDITIONAL  TIME  IS
 WARRANTED.
   6.  THE  PROSECUTING  AUTHORITY  SHALL  SERVE THE CHARGING DOCUMENT OR
 AMENDMENT AND THE NOTICE OF PROPOSED FORFEITURE AS PROVIDED BY THE RULES
 OF THE COURT.
   7. THE COURT SHALL ORDER THE RETURN OF SEIZED PROPERTY TO THE OWNER IF
 THE PROSECUTING AUTHORITY DOES NOT FILE A CHARGING DOCUMENT OR A  NOTICE
 OF  PROPOSED  FORFEITURE AS PROVIDED BY THE COURT'S RULES, THE PERIOD OF
 AN EXTENSION EXPIRES, OR THE COURT DOES NOT GRANT AN EXTENSION.
 § 480.75 NOTICE OF PROPOSED FORFEITURE AFTER INDICTMENT.
   1. AFTER THE ISSUANCE OF  AN  INDICTMENT,  THE  PROSECUTING  AUTHORITY
 SHALL FILE WITH THE COURT RESPONSIBLE FOR THE CRIMINAL TRIAL A NOTICE OF
 PROPOSED  FORFEITURE.  SUCH  NOTICE SHALL INCLUDE THE FOLLOWING INFORMA-
 TION:
   (A) A DESCRIPTION OF THE PROPERTY SEIZED;
   (B) THE TIME, DATE AND PLACE OF THE SEIZURE;
   (C) THE SEIZURE RECEIPT NUMBER PURSUANT TO SUBDIVISION TWO OF  SECTION
 480.35 OF THIS ARTICLE, IF AVAILABLE; AND
   (D)  A  DESCRIPTION  OF HOW THE SEIZED PROPERTY WAS USED IN OR DERIVED
 FROM THE ALLEGED CRIME.
   2. THE NOTICE SHALL NOT TO BE READ TO ANY JURY.
   3. THE PROSECUTING AUTHORITY MAY ALLEGE, IN THE NOTICE, THE FORFEITURE
 AS A SANCTION RELATED TO THE CRIME FOR WHICH THE DEFENDANT  IS  CHARGED,
 AS  PART  OF A SENTENCING CONSIDERATION, OR AS OTHER MEANS TO EFFECTUATE
 THE CRIMINAL FORFEITURE OF THE PROPERTY.
   4. UPON APPLICATION OF THE PROSECUTING AUTHORITY, THE COURT MAY  ENTER
 A  RESTRAINING ORDER OR INJUNCTION, OR TAKE OTHER ACTION TO PRESERVE THE
 AVAILABILITY OF PROPERTY ONLY:
   (A) UPON THE ISSUANCE OF AN INDICTMENT ACCORDING TO SUBDIVISION ONE OF
 THIS SECTION; OR
   (B) PRIOR TO THE ISSUANCE OF AN INDICTMENT, IF  THE  COURT  DETERMINES
 THERE  IS  A SUBSTANTIAL PROBABILITY THE STATE WILL PREVAIL ON THE ISSUE
 OF CRIMINAL FORFEITURE AND THAT FAILURE TO ENTER THE ORDER  WILL  RESULT
 IN PROPERTY BEING DESTROYED, REMOVED FROM THE JURISDICTION, OR OTHERWISE
 MADE UNAVAILABLE FOR FORFEITURE.
   5.  ANY ORDER ENTERED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FOUR OF
 THIS SECTION SHALL BE EFFECTIVE FOR NOT MORE THAN  NINETY  DAYS,  UNLESS
 EXTENDED BY THE COURT FOR GOOD CAUSE SHOWN OR AN INDICTMENT DESCRIBED BY

 S. 6440                             7
 
 PARAGRAPH (A) OF SUBDIVISION FOUR OF THIS SECTION HAS BEEN ISSUED SUBSE-
 QUENTLY.
 § 480.80 DISCOVERY.
   DISCOVERY  RELATED  TO  THE  FORFEITURE PROCEEDING SHALL BE SUBJECT TO
 PROCEDURES SET FORTH PURSUANT TO THE CRIMINAL PROCEDURE LAW.
 § 480.85 TRIAL, CONVICTION, AND STANDARD OF PROOF.
   1. PROPERTY SHALL BE FORFEITED IF:
   (A) THE PROSECUTING AUTHORITY SECURES A CONVICTION  OF  A  CRIME  THAT
 AUTHORIZES THE FORFEITURE OF PROPERTY; AND
   (B)  THE  PROSECUTING  AUTHORITY  ESTABLISHES  BY CLEAR AND CONVINCING
 EVIDENCE THE PROPERTY IS  AN  INSTRUMENTALITY  OF  OR  PROCEEDS  DERIVED
 DIRECTLY FROM THE CRIME FOR WHICH THE STATE SECURED A CONVICTION.
   2.  AFTER THE DEFENDANT'S CONVICTION, THE COURT SHALL HOLD THE FORFEI-
 TURE PROCEEDING AT ITS DISCRETION. SUCH PROCEEDING SHALL BE CONDUCTED BY
 THE COURT WITHOUT A JURY.
   3. EXCEPT AS REQUIRED BY SECTION 480.45 OF THIS  ARTICLE,  NOTHING  IN
 THIS ARTICLE SHALL PREVENT PROPERTY FROM BEING FORFEITED AS PART OF:
   (A) A PLEA AGREEMENT; OR
   (B)  A  GRANT  OF  IMMUNITY OR REDUCED PUNISHMENT, WITH OR WITHOUT THE
 FILING OF A CRIMINAL CHARGE, IN EXCHANGE FOR TESTIFYING OR  ASSISTING  A
 LAW ENFORCEMENT INVESTIGATION OR PROSECUTION.
   4. TO EFFECTUATE THE PURPOSES OF PARAGRAPH (B) OF SUBDIVISION THREE OF
 THIS SECTION, THE PARTIES MAY FILE A NOTICE, UNDER SEAL, WITH THE COURT,
 IF  THE  DEFENDANT  IS  REPRESENTED  BY COUNSEL. IF THE DEFENDANT IS NOT
 REPRESENTED BY COUNSEL, THE PROSECUTING AUTHORITY MAY FILE AN  EX  PARTE
 NOTICE,  UNDER  SEAL, WITH THE COURT. SUCH NOTICE SHALL ADVISE THE COURT
 OF THE REASON FOR GRANTING IMMUNITY, REDUCING PUNISHMENT OR NOT FILING A
 CHARGE.
   5. THE COURT MAY USE THE NOTICE PROVIDED FOR IN  SUBDIVISION  FOUR  OF
 THIS  SECTION  IN ITS CONSIDERATION OF AN ORDER TO TRANSFER TITLE OF THE
 PROPERTY TO THE STATE AND TO DISPOSE OF THE PROPERTY PURSUANT TO SECTION
 480.145 OF THIS ARTICLE.
 § 480.90  EXCEPTIONS TO THE CONVICTION REQUIREMENT.
   THE COURT SHALL WAIVE THE CONVICTION REQUIREMENT AND  GRANT  PERMANENT
 TITLE  OF THE PROPERTY TO THE STATE IF THE PROSECUTING AUTHORITY FILES A
 MOTION NO LESS THAN NINETY DAYS AFTER SEIZURE AND  SHOWS  BY  CLEAR  AND
 CONVINCING EVIDENCE THAT, BEFORE CONVICTION, THE DEFENDANT:
   1. DIED;
   2. WAS DEPORTED BY THE UNITED STATES GOVERNMENT;
   3. ABANDONED THE PROPERTY; OR
   4. FLED THE JURISDICTION.
 § 480.95 PROPORTIONALITY.
   1.  THE  DEFENDANT  MAY  PETITION THE COURT TO DETERMINE, BEFORE OR AT
 TRIAL, WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE UNDER  THE
 STATE OR FEDERAL CONSTITUTION.
   2.  THE  DEFENDANT  SHALL  HAVE  THE  BURDEN  OF ESTABLISHING THAT THE
 FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE BY  A  PREPONDERANCE  OF  THE
 EVIDENCE  AT  A  HEARING  THAT SHALL BE CONDUCTED BY THE COURT WITHOUT A
 JURY.
   3. IN DETERMINING WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY  EXCES-
 SIVE,  THE  COURT SHALL CONSIDER ALL RELEVANT FACTORS INCLUDING, BUT NOT
 LIMITED TO:
   (A) THE SERIOUSNESS OF THE CRIME AND  ITS  IMPACT  ON  THE  COMMUNITY,
 INCLUDING THE DURATION OF THE ACTIVITY AND HARM CAUSED BY THE DEFENDANT;
   (B) THE EXTENT TO WHICH THE DEFENDANT PARTICIPATED IN THE CRIME;
   (C) THE EXTENT TO WHICH THE PROPERTY WAS USED IN COMMITTING THE CRIME;

 S. 6440                             8
 
   (D) THE SENTENCE TO BE IMPOSED FOR COMMITTING THE CRIME;
   (E) WHETHER THE CRIME WAS COMPLETED OR ATTEMPTED;
   (F) THE HARDSHIP TO THE DEFENDANT IF THE FORFEITURE OF A MOTOR VEHICLE
 WOULD DEPRIVE THE DEFENDANT OF THE DEFENDANT'S LIVELIHOOD; AND
   (G)  AN  UNJUST  HARDSHIP FROM THE LOSS OF PROPERTY TO THE DEFENDANT'S
 FAMILY MEMBERS OR OTHERS IF THE PROPERTY IS FORFEITED.
   4. IN DETERMINING THE VALUE OF THE INSTRUMENTALITY SUBJECT TO  FORFEI-
 TURE,  THE COURT SHALL CONSIDER ALL RELEVANT FACTORS RELATED TO THE FAIR
 MARKET VALUE OF THE PROPERTY.
   5. THE COURT SHALL NOT CONSIDER THE VALUE OF THE PROPERTY TO THE STATE
 IN DETERMINING WHETHER THE FORFEITURE IS UNCONSTITUTIONALLY EXCESSIVE.
 § 480.100 SECURED INTEREST HOLDER.
   1. SEIZED PROPERTY ENCUMBERED BY A  SECURITY  INTEREST  SHALL  NOT  BE
 FORFEITED.
   2. THE PROSECUTING AUTHORITY SHALL RETURN SEIZED PROPERTY TO A SECURED
 INTEREST  HOLDER,  OTHER  THAN THE DEFENDANT OR AN INNOCENT OWNER, UP TO
 THE VALUE OF SUCH INTEREST.  CONTRABAND SHALL NOT BE RETURNED.
   3. IF THE SEIZED PROPERTY IS NOT RETURNED, THE SECURED INTEREST HOLDER
 MAY PETITION THE COURT AT ANY TIME BEFORE THE COURT ENTERS  JUDGMENT  IN
 THE CRIMINAL PROSECUTION OR GRANTS A MOTION UNDER SECTION 480.90 OF THIS
 ARTICLE.    THE PETITION MAY INCLUDE THE SEIZURE RECEIPT NUMBER PURSUANT
 TO SUBDIVISION TWO OF SECTION 480.35 OF THIS ARTICLE, IF AVAILABLE.
   4. THE COURT SHALL HEAR THE PETITION  WITHIN  THIRTY  DAYS  AFTER  ITS
 FILING  OR  AT  THE COURT'S DISCRETION. THE HEARING SHALL BE HELD BEFORE
 THE COURT ALONE, WITHOUT A JURY. THE COURT MAY CONSOLIDATE  THE  HEARING
 ON THE PETITION WITH ANY OTHER HEARING BEFORE THE COURT IN THE CASE.
   5. THE SECURED INTEREST HOLDER SHALL ESTABLISH BY CLEAR AND CONVINCING
 EVIDENCE  THE  VALIDITY OF THE SECURITY INTEREST, MORTGAGE, LIEN, LEASE-
 HOLD, LEASE, RENTAL AGREEMENT OR OTHER AGREEMENT.
   6. IF THE SECURED INTEREST HOLDER ALLEGES A  VALID  INTEREST  BUT  THE
 PROSECUTING  AUTHORITY SEEKS TO PROCEED, THE PROSECUTING AUTHORITY SHALL
 PROVE BY CLEAR AND CONVINCING EVIDENCE THAT:
   (A) THE INTEREST IS INVALID; OR
   (B) THE INTEREST RESULTED FROM A FRAUDULENT CONVEYANCE; OR
   (C) THE SECURED INTEREST HOLDER CONSENTED TO THE USE OF  THE  PROPERTY
 IN THE CRIME FOR WHICH THE DEFENDANT IS CHARGED.
   7.  IF THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN UNDER SUBDI-
 VISION SIX OF THIS SECTION, THE COURT SHALL ORDER THE  STATE  TO  RELIN-
 QUISH  CLAIMS  TO  THE  PROPERTY,  UP  TO THE VALUE OF THE INTEREST, AND
 RETURN THE INTEREST TO THE SECURED INTEREST HOLDER.
 § 480.105 INNOCENT OWNER.
   1. SEIZED PROPERTY OF AN INNOCENT OWNER SHALL NOT BE FORFEITED.
   2. THE PROSECUTING AUTHORITY SHALL RETURN SEIZED PROPERTY TO AN  INNO-
 CENT OWNER.  CONTRABAND SHALL NOT BE RETURNED.
   3.  IF THE SEIZED PROPERTY IS NOT RETURNED, AN INNOCENT OWNER CLAIMANT
 MAY PETITION THE COURT AT ANY TIME BEFORE THE COURT ENTERS  JUDGMENT  IN
 THE CRIMINAL PROSECUTION OR GRANTS A MOTION UNDER SECTION 480.90 OF THIS
 ARTICLE.
   4.  THE  INNOCENT  OWNER  CLAIMANT  SHALL FILE WITH THE COURT A SIMPLE
 STATEMENT THAT SETS FORTH:
   (A) THE CLAIMANT'S RIGHT, TITLE, OR INTEREST IN THE SEIZED PROPERTY;
   (B) THE TIME AND CIRCUMSTANCES OF THE CLAIMANT'S  ACQUISITION  OF  THE
 INTEREST IN THE SEIZED PROPERTY;
   (C) ADDITIONAL FACTS SUPPORTING THE CLAIMANT'S CLAIM;
   (D) THE RELIEF SOUGHT BY THE CLAIMANT; AND

 S. 6440                             9
 
   (E)  THE SEIZURE RECEIPT NUMBER PURSUANT TO SUBDIVISION TWO OF SECTION
 480.35 OF THIS ARTICLE, IF AVAILABLE.
   5.  THE  FILING  FEE  FOR  THE  STATEMENT  UNDER THIS SECTION SHALL BE
 WAIVED.
   6. THE COURT SHALL HEAR THE PETITION  WITHIN  THIRTY  DAYS  AFTER  ITS
 FILING  OR  AT  THE COURT'S DISCRETION. THE HEARING SHALL BE HELD BEFORE
 THE COURT ALONE WITHOUT A JURY. THE COURT MAY CONSOLIDATE THE HEARING ON
 THE PETITION WITH ANY OTHER HEARING BEFORE THE COURT IN THE CASE.
   7. THE CLAIMANT SHALL ESTABLISH BY CLEAR AND CONVINCING  EVIDENCE  THE
 VALIDITY OF THE INTEREST IN THE SEIZED PROPERTY.
   8. IF SUBDIVISION SEVEN OF THIS SECTION IS SATISFIED AND THE PROSECUT-
 ING AUTHORITY SEEKS TO PROCEED, THE PROSECUTING AUTHORITY SHALL PROVE BY
 CLEAR  AND  CONVINCING  EVIDENCE  THE  CLAIMANT IS NOT AN INNOCENT OWNER
 BECAUSE:
   (A) THE CLAIMANT'S INTEREST IN THE SEIZED PROPERTY IS INVALID;
   (B) THE CLAIMANT HAD ACTUAL KNOWLEDGE THE SEIZED PROPERTY WAS USED  IN
 OR DERIVED DIRECTLY FROM THE CRIME FOR WHICH THE DEFENDANT IS CHARGED;
   (C)  THE  CLAIMANT  WAS  WILLFULLY  BLIND  TO  THE CRIME FOR WHICH THE
 DEFENDANT IS CHARGED; OR
   (D) THE CLAIMANT WAS NOT A BONA FIDE PURCHASER WITHOUT NOTICE  OF  ANY
 DEFECT IN TITLE AND FOR VALUABLE CONSIDERATION.
   9.  IF  THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN IN SUBDIVI-
 SION EIGHT OF THIS SECTION, THE COURT SHALL ORDER THE  STATE  TO  RELIN-
 QUISH ALL CLAIMS AND RETURN THE SEIZED PROPERTY TO THE INNOCENT OWNER.
   10.  NO INFORMATION IN THE CLAIMANT'S STATEMENT IN SUBDIVISION FOUR OF
 THIS SECTION SHALL BE USED AS EVIDENCE IN THE CRIMINAL  PORTION  OF  THE
 CASE.
   11. NOTHING IN THIS SECTION SHALL PROHIBIT THE CLAIMANT FROM PROVIDING
 INFORMATION  TO  ANY  PARTY  OR  TESTIFYING IN ANY TRIAL AS TO FACTS THE
 CLAIMANT KNOWS.
   12. THE DEFENDANT OR CONVICTED OFFENDER MAY INVOKE THE  RIGHT  AGAINST
 SELF-INCRIMINATION  OR  THE  MARITAL  PRIVILEGE  DURING  THE  FORFEITURE
 PROCEEDING. THE COURT MAY DRAW AN ADVERSE INFERENCE FROM THE  INVOCATION
 OF SUCH RIGHT OR PRIVILEGE.
 § 480.110 JUDGMENT.
   1. IF THE PROSECUTING AUTHORITY FAILS TO MEET ITS BURDEN IN THE CRIMI-
 NAL  OR FORFEITURE PROCEEDING, THE COURT SHALL ENTER JUDGMENT DISMISSING
 THE FORFEITURE PROCEEDING AND ORDERING THE RETURN OF SEIZED PROPERTY  TO
 THE  RIGHTFUL  OWNER,  UNLESS THE OWNER'S POSSESSION OF SUCH PROPERTY IS
 ILLEGAL.
   2. IF THE PROSECUTING AUTHORITY MEETS ITS BURDEN IN  THE  CRIMINAL  OR
 FORFEITURE  PROCEEDING,  THE  COURT  SHALL ENTER JUDGMENT FORFEITING THE
 SEIZED PROPERTY.
   3. A COURT MAY ENTER JUDGMENT FOLLOWING A HEARING, PURSUANT TO A STIP-
 ULATION OR PLEA AGREEMENT, OR AT THE COURT'S DISCRETION.
 § 480.115 SUBSTITUTION OF ASSETS.
   UPON THE PROSECUTING AUTHORITY'S MOTION FOLLOWING CONVICTION OR AT THE
 COURT'S DISCRETION, THE COURT MAY ORDER  THE  FORFEITURE  OF  SUBSTITUTE
 PROPERTY  OWNED SOLELY BY THE DEFENDANT UP TO THE VALUE OF PROPERTY THAT
 IS BEYOND THE COURT'S JURISDICTION OR  CANNOT  BE  LOCATED  THROUGH  DUE
 DILIGENCE,  ONLY  IF THE PROSECUTING AUTHORITY PROVES BY A PREPONDERANCE
 OF THE EVIDENCE THAT THE DEFENDANT INTENTIONALLY:
   1. DISSIPATED THE PROPERTY;
   2. TRANSFERRED, SOLD, OR DEPOSITED PROPERTY  WITH  A  THIRD  PARTY  TO
 AVOID FORFEITURE;
   3. DIMINISHED SUBSTANTIALLY THE VALUE OF PROPERTY; OR

 S. 6440                            10
 
   4.  COMMINGLED  PROPERTY  WITH  OTHER  PROPERTY THAT CANNOT BE DIVIDED
 WITHOUT DIFFICULTY.
 § 480.120 NO ADDITIONAL REMEDIES.
   THE  PROSECUTING  AUTHORITY SHALL NOT SEEK PERSONAL MONEY JUDGMENTS OR
 OTHER REMEDIES RELATED TO THE FORFEITURE OF PROPERTY NOT PROVIDED FOR BY
 THIS ARTICLE.
 § 480.125 NO JOINT-AND-SEVERAL LIABILITY.
   A DEFENDANT SHALL NOT BE JOINTLY AND SEVERALLY LIABLE  FOR  FORFEITURE
 AWARDS  OWED BY OTHER DEFENDANTS. WHEN OWNERSHIP IS UNCLEAR, A COURT MAY
 ORDER EACH DEFENDANT TO FORFEIT PROPERTY ON  A  PRO  RATA  BASIS  OR  BY
 ANOTHER MEANS SUCH COURT FINDS EQUITABLE.
 § 480.130 APPEALS.
   1.  A  PARTY TO A FORFEITURE PROCEEDING, OTHER THAN THE DEFENDANT, MAY
 APPEAL THE COURT'S DECISION.
   2. THE DEFENDANT MAY APPEAL THE COURT'S DECISION REGARDING THE SEIZURE
 OR FORFEITURE OF PROPERTY FOLLOWING FINAL  JUDGMENT  IN  THE  FORFEITURE
 PROCEEDING.
 § 480.135 ATTORNEY FEES.
   IN ANY PROCEEDING IN WHICH A SEIZED PROPERTY OWNER'S CLAIM PREVAILS BY
 RECOVERING  AT  LEAST  HALF,  BY  VALUE,  OF  SUCH  PROPERTY OR CURRENCY
 CLAIMED, THE SEIZING LAW ENFORCEMENT AGENCY SHALL BE LIABLE FOR:
   1. REASONABLE ATTORNEY FEES AND OTHER LITIGATION COSTS INCURRED BY THE
 CLAIMANT;
   2. POST-JUDGMENT INTEREST; AND
   3. IN CASES INVOLVING CURRENCY, OTHER NEGOTIABLE INSTRUMENTS,  OR  THE
 PROCEEDS  OF  AN INTERLOCUTORY SALE, ANY INTEREST ACTUALLY PAID FROM THE
 DATE OF SEIZURE.
 § 480.140 RETURN OF PROPERTY; DAMAGES AND COSTS.
   1. IF THE COURT ORDERS THE RETURN OF SEIZED PROPERTY, THE LAW ENFORCE-
 MENT AGENCY THAT HOLDS SUCH PROPERTY SHALL RETURN SUCH PROPERTY  TO  THE
 RIGHTFUL  OWNER WITHIN A REASONABLE PERIOD NOT TO EXCEED FIVE DAYS AFTER
 THE DATE OF THE ORDER.
   2. THE RIGHTFUL OWNER SHALL NOT BE SUBJECT TO ANY EXPENSES RELATED  TO
 TOWING, STORAGE OR PRESERVATION OF THE SEIZED PROPERTY.
   3.  THE LAW ENFORCEMENT AGENCY THAT HOLDS THE SEIZED PROPERTY SHALL BE
 RESPONSIBLE FOR ANY DAMAGES, STORAGE FEES, AND RELATED COSTS  APPLICABLE
 TO PROPERTY RETURNED UNDER THIS SECTION.
 § 480.145 DISPOSITION OF PROPERTY AND PROCEEDS.
   1.  AT  ANY  TIME WHEN CONTRABAND IS NO LONGER NEEDED AS EVIDENCE, THE
 COURT MAY ORDER IT BE DESTROYED PURSUANT TO STATE LAW.
   2. AT ANY TIME WHEN ABANDONED  PROPERTY  OR  PROPERTY  SEIZED  FROM  A
 DEFENDANT  WHO  DIED, WAS DEPORTED OR FLED THE JURISDICTION IS NO LONGER
 NEEDED AS EVIDENCE, THE COURT MAY ORDER IT BE SOLD.
   3. IF THE FORFEITURE IS GRANTED, THE COURT SHALL  ORDER  THE  SALE  OF
 FORFEITED PROPERTY OTHER THAN CURRENCY.
   4. THE COURT MAY ORDER FORFEITED CURRENCY AND SALE PROCEEDS TO:
   (A)  PAY  RESTITUTION TO THE VICTIM RELATED TO THE UNDERLYING CRIMINAL
 OFFENSE;
   (B) SATISFY RECORDED LIENS, MORTGAGES OR FILED SECURITY  INTERESTS  IN
 THE FORFEITED PROPERTY;
   (C)  PAY  REASONABLE  COSTS  FOR  THE  TOWING,  STORAGE,  MAINTENANCE,
 REPAIRS, ADVERTISING AND SALE, AND OTHER OPERATING COSTS RELATED TO  THE
 FORFEITED PROPERTY;
   (D)  REIMBURSE  THE  SEIZING  LAW ENFORCEMENT AGENCY FOR NON-PERSONNEL
 OPERATING COSTS, INCLUDING CONTROLLED-DRUG BUY  MONEY,  RELATED  TO  THE
 INVESTIGATION OF THE UNDERLYING CRIMINAL OFFENSE;

 S. 6440                            11
 
   (E) BE DISBURSED TO THE OFFICE OF PUBLIC SAFETY TO SUPPLEMENT EXISTING
 STATEWIDE GRANTS; AND
   (F) BE DEPOSITED IN THE STATE'S GENERAL FUND.
 § 480.150 SALE RESTRICTIONS.
   NO  LAW  ENFORCEMENT  AGENCY SHALL SELL FORFEITED PROPERTY DIRECTLY OR
 INDIRECTLY TO ANY EMPLOYEE OF SUCH LAW ENFORCEMENT AGENCY, TO  A  PERSON
 RELATED  TO AN EMPLOYEE BY BLOOD OR MARRIAGE, OR TO ANOTHER LAW ENFORCE-
 MENT AGENCY.
 § 480.155 PREEMPTION.
   THE PROVISIONS OF THIS ARTICLE SHALL PREEMPT  ANY  LOCAL  LAW  TO  THE
 CONTRARY WHICH REGULATE CIVIL AND CRIMINAL FORFEITURE.
 § 480.160 LIMITATION ON FEDERAL ADOPTION.
   A  LAW  ENFORCEMENT  AGENCY  SHALL NOT OFFER FOR ADOPTION ANY PROPERTY
 SEIZED UNDER STATE LAW, TO A FEDERAL AGENCY FOR THE PURPOSE  OF  FORFEI-
 TURE  UNDER  THE FEDERAL CONTROLLED SUBSTANCES ACT, OR OTHER FEDERAL LAW
 UNLESS SUCH SEIZED PROPERTY INCLUDES UNITED STATES CURRENCY THAT EXCEEDS
 TWENTY THOUSAND DOLLARS.
 § 480.165 LIMITATION ON STATE AND FEDERAL JOINT TASK FORCES.
   1. EXCEPT AS PERMITTED UNDER SUBDIVISION TWO OF THIS SECTION, A  JOINT
 TASK FORCE OF A LAW ENFORCEMENT AGENCY AND A FEDERAL AGENCY SHALL TRANS-
 FER  SEIZED  PROPERTY  TO THE PROSECUTING AUTHORITY FOR FORFEITURE LITI-
 GATION UNDER THIS ARTICLE.
   2. SUCH JOINT TASK FORCE MAY TRANSFER SEIZED PROPERTY TO  THE  FEDERAL
 DEPARTMENT  OF  JUSTICE  FOR FORFEITURE UNDER FEDERAL LAW IF SUCH SEIZED
 PROPERTY INCLUDES UNITED STATES CURRENCY THAT  EXCEEDS  TWENTY  THOUSAND
 DOLLARS.
   3. A LAW ENFORCEMENT AGENCY SHALL BE PROHIBITED FROM ACCEPTING PAYMENT
 OR  DISTRIBUTION  OF ANY KIND FROM THE FEDERAL GOVERNMENT IF THE FEDERAL
 GOVERNMENT REQUIRES SEIZED PROPERTY THAT INCLUDES UNITED STATES CURRENCY
 LESS THAN TWENTY THOUSAND DOLLARS, AS ESTABLISHED UNDER SUBDIVISION  TWO
 OF THIS SECTION, BE TRANSFERRED TO THE FEDERAL GOVERNMENT FOR FORFEITURE
 UNDER FEDERAL LAW.
   4.  NOTHING  IN  SUBDIVISION  ONE  OR  TWO  OF  THIS  SECTION SHALL BE
 CONSTRUED TO RESTRICT A LAW ENFORCEMENT AGENCY FROM COLLABORATING WITH A
 FEDERAL AGENCY  TO  LAWFULLY  SEIZE  CONTRABAND  OR  PROPERTY  SUCH  LAW
 ENFORCEMENT  AGENCY  HAS PROBABLE CAUSE TO BELIEVE IS SUBJECT TO FORFEI-
 TURE.
   5. NOTHING IN  SUBDIVISION  ONE  OR  TWO  OF  THIS  SECTION  SHALL  BE
 CONSTRUED TO PROHIBIT THE FEDERAL GOVERNMENT, ACTING ALONE, FROM SEIZING
 PROPERTY AND SEEKING FORFEITURE UNDER FEDERAL LAW.
 § 480.170 GUIDANCE.
   1.  A  PROSECUTING  AUTHORITY,  AFTER  CONSULTING WITH THE RESPONSIBLE
 UNITED STATES ATTORNEY, MAY ESTABLISH GUIDELINES FOR JOINT  TASK  FORCES
 AND  MULTIJURISDICTIONAL  COLLABORATION  IN SUCH PROSECUTING AUTHORITY'S
 JURISDICTION.
   2. THE OFFICE OF PUBLIC SAFETY, FROM TIME TO TIME,  SHALL  PUBLISH  ON
 ITS  PUBLIC  WEBSITE  BEST PRACTICES AND SHALL OFFER TRAINING ON SEIZURE
 AND FORFEITURE PURSUANT TO THIS ARTICLE.
 § 480.175 SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART  OF  THIS  ARTICLE
 SHALL  BE  ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID
 AND AFTER EXHAUSTION OF ALL FURTHER JUDICIAL REVIEW, THE JUDGMENT  SHALL
 NOT  AFFECT,  IMPAIR  OR  INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE
 CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
 PART OF THIS ARTICLE DIRECTLY INVOLVED IN THE CONTROVERSY IN  WHICH  THE
 JUDGMENT SHALL HAVE BEEN RENDERED.

 S. 6440                            12
 
   § 3. Subdivision 4 of section 690.10 of the criminal procedure law, as
 amended  by chapter 612 of the laws of 1994, is amended and a new subdi-
 vision 5 is added to read as follows:
   4.  Constitutes  evidence  or tends to demonstrate that an offense was
 committed in this state or another state, or that  a  particular  person
 participated  in  the  commission of an offense in this state or another
 state, provided however, that if such offense was against  the  laws  of
 another  state,  the  court  shall  only  issue a warrant if the conduct
 comprising such offense would, if occurring in this state, constitute  a
 felony against the laws of this state[.]; OR
   5.  AS  OTHERWISE  PROVIDED  UNDER  ARTICLE FOUR HUNDRED EIGHTY OF THE
 PENAL LAW.
   § 4. Paragraph (a) of subdivision 1 of section 690.55 of the  criminal
 procedure law is amended to read as follows:
   (a)  Retain it in the custody of the court pending further disposition
 thereof  pursuant  to  subdivision  two OF THIS SECTION, BY ARTICLE FOUR
 HUNDRED EIGHTY OF THE PENAL LAW, or some other provision of law; or
   § 5. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.