§ 511-c. Seizure and forfeiture of vehicles used in the unlicensed
operation of a motor vehicle under certain circumstances. 1. For
purposes of this section:

(a) The term "owner" shall mean an owner as defined in section one
hundred twenty-eight and in subdivision three of section three hundred
eighty-eight of this chapter.

(b) The term "security interest" shall mean a security interest as
defined in subdivision (k) of section two thousand one hundred one of
this chapter.

(c) The term "termination of the criminal proceeding" shall mean the
earliest of (i) thirty-one days following the imposition of sentence; or
(ii) the date of acquittal of a person arrested for an offense; or (iii)
where leave to file new charges or to resubmit the case to a new grand
jury is required and has not been granted, thirty-one days following the
dismissal of the last accusatory instrument filed in the case, or, if
applicable, upon expiration of the time granted by the court or
permitted by statute for filing new charges or resubmitting the case to
a new grand jury; or (iv) where leave to file new charges or to resubmit
the case to a new grand jury is not required, thirty-one days following
the dismissal of the last accusatory instrument filed in the case, or,
if applicable, upon expiration of the time granted by the court or
permitted by statute for filing new charges or resubmitting the case to
a new grand jury; or (v) six months from the issuance of an "adjournment
in contemplation of dismissal" order pursuant to section 170.55 of the
criminal procedure law, where the case is not restored to the court's
calendar within the applicable six-month period; or (vi) the date when,
prior to the filing of an accusatory instrument against a person
arrested for an offense, the prosecuting authority elects not to
prosecute such person.

2. Any motor vehicle which has been or is being used in violation of
paragraph (a) of subdivision three of section five hundred eleven of
this article may be seized by any peace officer, acting pursuant to his
or her special duties, or police officer, and forfeited as hereinafter
provided in this section.

3. A vehicle may be seized upon service of a notice of violation upon
the owner or operator of a vehicle. The seized motor vehicle shall be
delivered by the officer having made the seizure to the custody of the
district attorney of the county wherein the seizure was made, except
that in the cities of New York, Yonkers, Rochester and Buffalo the
seized motor vehicle shall be delivered to the custody of the police
department of such cities and such motor vehicle seized by a member or
members of the state police shall be delivered to the custody of the
superintendent of state police, together with a report of all the facts
and circumstances of the seizure. Within one business day after the
seizure, notice of such violation and a copy of the notice of violation
shall be mailed to the owner of such vehicle at the address for such
owner set forth in the records maintained by the department of motor
vehicles or, for vehicles not registered in New York state, such
equivalent record in such state of registration.

4. (a) The attorney general in seizures by members of the state
police, or the district attorney of the county wherein the seizure is
made, if elsewhere than in the cities of New York, Yonkers, Rochester or
Buffalo, or where the seizure is made in such cities, the corporation
counsel of the city shall inquire into the facts of the seizure so
reported to him or her. If it appears that there is a basis for the
commencement and prosecution of a forfeiture proceeding pursuant to this
section, any such forfeiture proceeding shall be commenced in supreme
court not later than twenty days after the date of receipt of a written
demand by a person claiming ownership of the motor vehicle accompanied
by the documentation required to be presented upon release of the
vehicle pursuant to subparagraphs (i), (ii), and (iv) of paragraph (a)
of subdivision five of this section.

(b) Where forfeiture proceedings are commenced and prosecuted pursuant
to this section, the motor vehicle which is the subject of such
proceedings shall remain in the custody of such district attorney,
police department or superintendent of state police, as applicable,
pending the final determination of such proceedings.

(c) To the extent applicable, the procedures of article thirteen-A of
the civil practice law and rules shall govern proceedings and actions
under this section.

5. A motor vehicle seized pursuant to this section shall be released
when:

(a) (i) Such attorney general, district attorney or corporation
counsel has made a determination not to institute forfeiture proceedings
pursuant to this section or the time period within which a forfeiture
proceeding could have been commenced pursuant to this section has
elapsed and no such forfeiture proceeding was commenced or the criminal
proceeding has been terminated in favor of the accused, as defined in
subdivision three of section 160.50 of the criminal procedure law; and

(ii) The person seeking to claim the motor vehicle has furnished
satisfactory evidence of registration and financial security and, if the
person was the operator of the vehicle at the time of the violation of
paragraph (a) of subdivision three of section five hundred eleven of
this article, satisfactory evidence of payment of any fines or penalties
imposed in connection therewith; and

(iii) Payment has been made for the reasonable costs of removal and
storage of the motor vehicle. The owner of the motor vehicle shall be
responsible for such payment provided, however, that if he or she was
not the operator at the time of the offense, such person shall have a
cause of action against such operator to recover such costs. Payment
prior to release of the motor vehicle shall not be required in cases
where the seized motor vehicle was stolen or rented or leased pursuant
to a written agreement for a period of thirty days or less, however the
operator of such a motor vehicle shall be liable for the costs of
removal and storage of the motor vehicle to any entity rendering such
service; and

(iv) If the motor vehicle is held as evidence, the person seeking to
claim the motor vehicle has presented a release from the prosecuting
authority providing that the motor vehicle is not needed as evidence.

(b) (i) Pending completion of forfeiture proceedings which have been
commenced, the person seeking to claim the motor vehicle has posted a
bond in a form satisfactory to such attorney general, district attorney
or corporation counsel in an amount that shall not exceed an amount
sufficient to cover the maximum fines or civil penalties which may be
imposed for the violation underlying the seizure and all reasonable
costs for removal and storage of such vehicle; and

(ii) The persons seeking to claim the motor vehicle has furnished
satisfactory evidence of registration and financial security.

6. Where a demand for the return of a motor vehicle is not made within
ninety days after the termination of the criminal proceeding founded
upon the charge of aggravated unlicensed operation of a motor vehicle in
the first degree, such motor vehicle shall be deemed to be abandoned.
Such vehicle shall be disposed of by the county, cities of New York,
Yonkers, Rochester or Buffalo or the state, as applicable, in accordance
with section twelve hundred twenty-four of this chapter or as otherwise
provided by law.

7. Notice of the institution of the forfeiture proceeding shall be
served:

(a) By personal service pursuant to the civil practice law and rules
upon all owners of the seized motor vehicle listed in the records
maintained by the department, or for vehicles not registered in New York
state, in the records maintained by the state of registration; and

(b) By first class mail upon all individuals who have notified such
attorney general, district attorney or corporation counsel that they are
an owner of the vehicle and upon all persons holding a security interest
in such motor vehicle which security interest has been filed with the
department pursuant to the provisions of title ten of this chapter, at
the address set forth in the records of such department, or for motor
vehicles not registered in New York state, all persons holding a
security interest in such motor vehicle which security interest has been
filed with such state of registration, at the address provided by such
state of registration.

8. Any owner who receives notice of the institution of a forfeiture
action who claims an interest in the motor vehicle subject to forfeiture
shall assert a claim for the recovery of the motor vehicle or
satisfaction of the owner's interest in such motor vehicle by
intervening in the forfeiture action in accordance with subdivision (a)
of section one thousand twelve of the civil practice law and rules. Any
person with a security interest in such vehicle who receives notice of
the institution of the forfeiture action shall assert a claim for the
satisfaction of such person's security interest in such vehicle by
intervening in the forfeiture action in accordance with subdivision (a)
of section one thousand twelve of the civil practice law and rules. If
the action relates to a vehicle in which a person holding a security
interest has intervened pursuant to this subdivision, the burden shall
be upon the designated official to prove by clear and convincing
evidence that such intervenor knew that such vehicle was or would be
used for the commission of a violation of subparagraph (ii) of paragraph
(a) of subdivision three of section five hundred eleven of the vehicle
and traffic law and either (a) knowingly and unlawfully benefitted from
such conduct or (b) voluntarily agreed to the use of the vehicle for the
commission of such violation by consent freely given. For purposes of
this subdivision, such intervenor knowingly and unlawfully benefited
from the commission of such violation when he or she derived in exchange
for permitting the use of such vehicle by a person or persons committing
such specified violation a substantial benefit that would otherwise not
have accrued as a result of the lawful use of such vehicle. "Benefit"
means benefit as defined in subdivision seventeen of section 10.00 of
the penal law.

9. No motor vehicle shall be forfeited under this section to the
extent of the interest of a person who claims an interest in the motor
vehicle, where such person pleads and proves that:

(a) The use of such motor vehicle for the conduct that was the basis
for a seizure occurred without the knowledge of such person, or if such
person had knowledge of such use, without the consent of such person,
and that such person did not knowingly obtain such interest in the motor
vehicle in order to avoid the forfeiture of such vehicle; or

(b) The conduct that was the basis for such seizure was committed by
any person other than such person claiming an interest in the motor
vehicle, while such motor vehicle was unlawfully in the possession of a
person who acquired possession thereof in violation of the criminal laws
of the United States or any state.

10. The court in which a forfeiture action is pending may dismiss said
action in the interests of justice upon its own motion or upon an
application as provided for herein.

(a) At any time during the pendency of a forfeiture action, the
designated official who instituted the action, or a defendant may apply
for an order dismissing the complaint and terminating the forfeiture
action in the interest of justice.

(b) Such application for the relief provided in paragraph (a) of this
subdivision must be made in writing and upon notice to all parties. The
court may, in its discretion, direct that notice be given to any other
person having an interest in the property.

(c) An application for the relief provided for in paragraph (a) of
this subdivision must be brought exclusively in the superior court in
which the forfeiture action is pending.

(d) The court may grant the relief provided in paragraph (a) of this
subdivision if it finds that such relief is warranted by the existence
of some compelling factor, consideration or circumstance demonstrating
that forfeiture of the property or any part thereof, would not serve the
ends of justice. Among the factors, considerations and circumstances the
court may consider, among others, are:

(i) the seriousness and circumstances of the crime to which the
property is connected relative to the impact of forfeiture of property
upon the person who committed the crime; or

(ii) the adverse impact of a forfeiture of property upon innocent
persons.

(e) The court must issue a written decision stating the basis for an
order issued pursuant to this subdivision.

11. The district attorney, police department or superintendent of
state police having custody of the seized motor vehicle, after such
judicial determination of forfeiture, shall, by a public notice of at
least twenty days, sell such forfeited motor vehicle 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, provided, however, that the net proceeds of the sale
of a motor vehicle seized in the cities of New York, Yonkers, Rochester
and Buffalo shall be paid into the respective general funds of such
cities, and provided further that the net proceeds of the sale of a
motor vehicle seized by the state police shall be paid into the state
police seized assets account.

12. In any action commenced pursuant to this section, where the court
awards a sum of money to one or more persons in satisfaction of such
person's or persons' interest or interests in the forfeited motor
vehicle, the total amount awarded to satisfy such interest or interests
shall not exceed the amount of the net proceeds of the sale of the
forfeited motor vehicle, after deduction of the lawful expenses incurred
by the county, cities of New York, Yonkers, Rochester or Buffalo or the
state, as applicable, and storage of the motor vehicle between the time
of seizure and the date of sale.

13. At any time within two years after the seizure, any person
claiming an interest in a motor vehicle which has been forfeited
pursuant to this section who was not sent notice of the commencement of
the forfeiture action pursuant to subdivision seven of this section, or
who did not otherwise receive actual notice of the forfeiture action,
may assert in an action commenced before the justice of the supreme
court before whom the forfeiture action was held such claim as could
have been asserted in the forfeiture action pursuant to this section.
The court may grant the relief sought upon such terms and conditions as
it deems reasonable and just if the person claiming an interest in the
motor vehicle establishes that he or she was not sent notice of the
commencement of the forfeiture action and was without actual knowledge
of the forfeiture action, and establishes either of the affirmative
defenses set forth in subdivision nine of this section.

14. No action under this section for wrongful seizure shall be
instituted unless such action is commenced within two years after the
time when the motor vehicle was seized.