S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5885
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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 SUCH PEACE  OFFI-
 CER'S  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  SUCH  DISTRICT  ATTORNEY 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03593-01-5
              

 S. 5885                             2
 
 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,  UPON  INQUIRY AND EXAMINATION, SUCH DISTRICT ATTORNEY OR CORPO-
 RATION 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 CORPORATION 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 SUCH JUSTICE OF THE
 SUPREME COURT DEEMS REASONABLE AND JUST, IF THE  PETITIONER  ESTABLISHES
 EITHER OF THE AFFIRMATIVE DEFENSES SET FORTH IN SUBDIVISION FIVE OF THIS
 SECTION AND THAT THE PETITIONER WAS WITHOUT PERSONAL OR ACTUAL KNOWLEDGE
 OF THE FORFEITURE 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.