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S4105Senate2009-2010 SessionSame asA5961

Provides for seizure and forfeiture of property or money furnished in illegal exchange for a controlled substance

Sponsor Darrel J. AubertineSD-48Affects Health
Status
In Senate Committee
Health
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Health

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Who cares

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Sponsors

Primary sponsor
Darrel J. Aubertine

Senator · Senate District 48

No co-sponsors yet.

History

  1. Referred to health
  2. Referred to health

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5961Assembly

Provides for seizure and forfeiture of property or money furnished in illegal exchange for a controlled substance

In Assembly Committee · Codes · Sponsor Robin Schimminger

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the public health law, in relation to the seizure and forfeiture of property or money furnished in the illegal exchange of a controlled substance

Purpose of the bill

This bill would provide for the seizure and forfeiture of property or money furnished in an illegal exchange for a controlled substance.

Summary of specific provisions

§ 1- Amends § 3388 of the Public Health Law.

§ 2- Effective date.

Existing law

Under current law, any vehicles, vessels or aircraft that were used to conceal, conveyor transport these substances may be seized and forfeited.

Justification

This bill amends § 3388 of the Public Health Law to allow the seizure and forfeiture of "property" furnished in exchange for controlled substances. "Property" is defined to include real and personal property, money, negotiable and non-negotiable instruments and securities and the benefits and property resulting from the use or exchange of any of them. Criminals should not be able to profit from their crimes. It is absurd that someone who illegally sells controlled substances, although convicted of such crime, may keep money or other property received in the commission of the crime.

Prior legislative history

2007-2008: A.4618A 2005-2006: A.5519 2003-2004: A.6030/S.3742 2001-2002: A.6758/S.4579 1999-2000: A.4449/S.2441

Fiscal implications

Possible positive impact for the State of New York as property and money seized under this act by the State police would be paid into the State General Fund.

Local fiscal implications

Possible positive impact for local governments as proceeds of sales of forfeited property and seized money are paid in to the general fund of the county where the seizure was made, or in the cases of seizure in New York City, Rochester Yonkers and Buffalo, proceeds are paid into the respective general funds of those cities.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.