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S4751Senate2009-2010 SessionSame asA2509

Provides greater accountability for seized assets

Sponsor Eric T. SchneidermanSD-31Affects Legal
Status
In Senate Committee
Codes
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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Who cares

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Sponsors

Primary sponsor
Eric T. Schneiderman

Senator · Senate District 31

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

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.

A2509Assembly

Provides greater accountability for seized assets

In Assembly Committee · Ways And Means · Sponsor J. Gary Pretlow

Full text

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

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, the county law and the general municipal law, in relation to greater accountability for seized assets

Purpose or general idea of bill

The purpose of this bill is to ensure that asset forfeiture funds are used for purposes as required by law, and to eliminate the possibility of misuse of funds.

Summary of specific provisions

Section 1 amends subdivision 2 of section 1349 of the Civil Practice Law and Rules to direct moneys received from asset forfeiture to be deposited into an asset forfeiture fund. Section 2 adds a new subdivision 5 of section 1349 of the Civil Practice Law and Rules to direct the proceeds of forfeiture distributed to a law enforcement official of any village, county, town, or city to be deposited into an asset forfeiture fund. Section 3 amends subdivision 2 of section 700 of County Law to require the county district attorney to pay to the county treasurer moneys realized as a consequence of forfeiture actions. Section 4 adds a new section 6-o to the General Municipal Law to create a new asset forfeiture fund and establishes internal controls in relation to managing the fund. Section 5 provides for an effective date 180 days after enactment.

Justification

This bill establishes internal controls over funds received by law enforcement officials and agencies through asset forfeiture to ensure that the monies are used for purposes as required by law. This is accomplished by imposing oversight and reporting controls similar to other moneys belonging to a local government. The bill ensures internal controls by establishing an asset forfeiture fund as a depository of forfeiture proceeds and by designating the governing board and chief fiscal officer of a locality as custodians of asset forfeiture funds.

Prior legislative history

Was introduced as Assembly bill 1582 in 1995 Introduced as Assembly 1738 in 1997 Introduced as Assembly 5140 in 1999

Fiscal implications

None.

Effective date

180 days after enactment.

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