Authorizes claiming authorities to retain electronic/surveillance equipment for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

5 Co-sponsors

• John J. Bonacic
• Martin J. Golden
• Vincent L. Leibell
• Stephen M. Saland
• Dean G. Skelos

Title of bill

An act to amend the civil practice law and rules, in relation to authorizing a claiming authority to retain electronic equipment for law enforcement purposes

Purpose

This bill permits law enforcement officials to retain electronic equipment or devices and surveillance equipment that has been seized and forfeited, in order to utilize the equipment for law enforcement purposes.

Summary of provisions

This bill amends § 1349 of the Civil Practice Law and Rules (CPLR) to add electronic equipment or devices and surveillance equipment to items such as vehicles, vessels, and aircraft which may be retained by law enforcement entities after forfeiture and used for law enforcement purposes.

Existing law

This valuable equipment can not now be used by law enforcement officials.

Justification

Under current law, any vehicle, vessel or aircraft seized and forfeited as crime proceeds may be retained by the seizing jurisdiction and used in law enforcement activities. This statutory authority enhances the ability of law enforcement officials to combat crime, while at the same time saving taxpayer dollars by avoiding the need to purchase these expensive items.

Law enforcement agencies often seize electronic equipment such as computers, video equipment and fax machines, and surveillance equipment such as night vision goggles which are superior to the equipment used by police agencies, and which could be used to help combat crime or reduce auto theft. Unfortunately, under current law, such electronic equipment cannot be forfeited. Instead, this valuable equipment must be auctioned off in accordance with Article 51 of the CPLR. The auction process is slow and costly, and produces only a fraction of the value of the goods, even when the electronic equipment is in good condition.

Legislative history

S.78 of 2005/2006, S.201 of 2007/2008

Fiscal implications for state & local governments

This measure would have a positive fiscal impact, because it would make such sophisticated equipment free and available for use by law enforcement officials, thereby saving taxpayer dollars that otherwise would be used to purchase this expensive equipment.

Local fiscal implications

This measure would have a positive fiscal impact on local law enforcement agencies.

Effective date

Immediate.