§ 6-v. Asset forfeiture escrow fund. 1. As used in this section:

a. The term "governing board", insofar as it is used in reference to a
village, shall mean the board of trustees thereof; insofar as it is used
in reference to a town, shall mean the town board thereof; insofar as it
is used in reference to a county, shall mean the board of supervisors or
the county legislature thereof, as applicable; insofar as it is used in
reference to a city, shall mean the "legislative body" thereof, as that
term is defined in subdivision seven of section two of the municipal
home rule law.

b. The term "chief fiscal officer" shall mean:

(i) In the case of counties operating under (1) an alternative form of
county government or charter enacted as a state statute or adopted under
the alternative county government law or by local law, the official
designated in such statute, consolidated law or local law as the chief
fiscal officer, or, if no such designation is made therein, the official
possessing powers and duties similar to those of a county treasurer
under the county law as shall be designated by local law.

(2) In the case of counties not operating under an alternative form of
county government or charter enacted as a state statute or adopted under
the alternative county government law or by local law, the treasurer,
except that, in the case of counties having a comptroller, it shall mean
the comptroller.

(ii) In the case of cities, the comptroller; if a city does not have a
comptroller, the treasurer; if a city has neither a comptroller nor a
treasurer, such official possessing powers and duties similar to those
of a city treasurer as the finance board shall, by resolution,
designate. A certified copy of such designation shall be filed with the
state comptroller and shall be a public record.

(iii) In the case of towns, the town supervisor; if a town has more
than one supervisor, the presiding supervisor.

(iv) In the case of villages, the village treasurer.

c. The term "claiming authority" shall mean the district attorney
having jurisdiction over the offense or the attorney general for purpose
of those crimes for which the attorney general has criminal jurisdiction
in a case where the underlying criminal charge has been, is being or
could have been brought by the attorney general, or the appropriate
corporation counsel or county attorney, where such corporation counsel
or county attorney may act as a claiming authority only with the consent
of the district attorney or the attorney general, as appropriate.

d. The term "claiming agent" shall mean and shall include all persons
described in subdivision thirty-four of section 1.20 of the criminal
procedure law, and sheriffs, undersheriffs and deputy sheriffs of
counties within the city of New York.

2. The governing board shall authorize the establishment of an asset
forfeiture escrow fund for any claiming agent or claiming authority as
is deemed necessary for the monies and proceeds of sale of property
realized as a consequence of any forfeiture. The separate identity of
such fund shall be maintained.

3. There shall be paid into the asset forfeiture escrow fund all
proceeds realized as a consequence of any forfeiture action. Such funds
shall include, but are not limited to, all funds and any property (real,
personal, tangible and/or intangible) that are forfeited pursuant to
agreement or otherwise prior to, in lieu of or after the lodging of
criminal charges, pre-indictment, post-indictment, or after conviction
by plea or trial. Such funds shall also include funds that are forfeited
in compromise of charges that are never brought.

4. The monies and proceeds in the asset forfeiture escrow fund shall
be deposited and secured in the manner provided by section ten of this
article. All monies and proceeds so deposited in such fund shall be kept
in a separate bank account. The chief fiscal officer may invest the
moneys in such fund in the manner provided in section eleven of this
article. Any interest earned or capital gains realized on the moneys so
deposited or invested shall accrue to and become part of such fund. The
separate identity of such fund shall be maintained, whether its assets
consist of cash, investments, or both.

5. Every claim for the payment of money from the asset forfeiture
escrow fund shall specify the purpose of the requested payment and must
be accompanied by a written certification that the expenditure is in
compliance with all applicable laws. Payments from such fund shall be
made by the chief fiscal officer subject to the required certification
and the determination of fund sufficiency.

6. The chief fiscal officer, at the termination of each fiscal year,
shall render a detailed report of the operation and condition of the
asset forfeiture escrow fund to the governing board and the state
comptroller. Such report shall be subject to examination and audit. The
chief fiscal officer may account for such fund separate and apart from
all other funds of the village, town, county, and city.