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History
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- Referred to codes
Full text
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Title of bill
An act to amend the civil practice law and rules, in relation to civil forfeiture of a motor vehicle in connection with a DWI charge
Summary
Amends Civil Practice Law & Rules Section 1310 to explicitly include a vehicle as the "instrumentality of a crime" when the crime charged is driving while intoxicated. Amends CPLR Section 1311 to require a claiming authority to pursue a forfeiture action against the vehicle of a driver who is charged with a third DWI within the preceding 5 years.
Justification
Current law permits a claiming authority (generally the local district attorney) to seek the civil forfeiture of the instrumentality of a crime. Case law has established that a vehicle is the "instrumentality of a crime" where the defendant is charged with felony intoxicated driving. This change would alert prosecutors to the option of civil forfeiture for problem drunk drivers. In addition, this bill would require prosecutors to initiate civil forfeiture proceedings against drivers charged with a third felony-level DWI offense within the preceding 5 years. In essence, it would create a "three strikes and you're out" law for drunk drivers.
Fiscal implication
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.