Authorizes claiming authorities to retain certain property for law enforcement purposes in civil forfeiture actions for the proceeds of a crime

Summary of provisions

Section 1: Amends Civil Practice Law and Rules section 1349 to add property such as electronic, telecommunications or surveillance equipment or devices, or office equipment to items such as vehicles, vessels, and aircraft which may be currently retained by state and local law enforcement entities after forfeiture and used for law enforcement purposes.

Existing law

This valuable equipment cannot now be used by law enforcement officials.

Justification

Under current law, any vehicle, vessel or aircraft that is seized by and forfeited to a state or local law enforcement agency as a "proceeds of a crime" may be retained by the seizing jurisdiction, after court approval, and then used for such office's law enforcement activities. The current law enhances the ability of state and local law enforcement officials to combat crime, while at the same time saving taxpayer dollars by avoiding the need to purchase these expensive items. Further, if such items were auctioned off at public auction, the proceeds received from such auctions are generally much less than the market value of such assets or the price to purchase such assets new. Further, there is a cost to auction off such assets and costs are incurred to store such vehicles, vessels or aircraft before such auction.

Law enforcement agencies often seize valuable electronic equipment such as computers, video equipment, telecommunications or office equipment, fax machines, and surveillance equipment such as night vision goggles which are superior to the equipment used by police agencies. Further, this equipment 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 CPLR Article 51 at very low prices.

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. In addition, once possessed, such law enforcement offices could share this equipment with other law enforcement agencies to help reduce their operating and capital costs as well.

In addition, since the Federal Government has a more extensive civil forfeiture law, often state and local law enforcement agencies will allow a federal law enforcement agency to take the lead in an arrest and seizure of property to take advantage of the Federal civil forfeiture law. Hence, the current wide dichotomy between New York State and Federal civil forfeiture laws, forces state and local law enforcement to find willing federal partners to conduct arrests and seize property. However, Federal Law enforcement agencies are already taxed to the limit and are concentrating more resources on the war on terror, hence other crimes that tend to be more state based in their enforcement such as drug trafficking, auto theft, auto insurance fraud, and others is not a Federal priority as much as it is for local law enforcement agencies.

This bill would allow state and local law enforcement agencies to retain more seized equipment, after court approval, reduce the cost of state and local governments by reducing auction, inventory, and storage costs of seized property and the cost to purchase new office equipment and other seized properties.

This bill was revised to take into consideration the comments of the NYS Association of Chiefs of police, the NYS District Attorneys Association, and the NYS Sheriffs Association, to update this law. All of these law enforcement associations now endorse and support this bill.

Legislative history

New bill.

Fiscal implications for state & local governments

This measure would have a beneficial fiscal impact. This is because it would make such sophisticated equipment free and available for use by law enforcement officials, instead of forcing such law enforcement agency to auction off this seized equipment at well below its market value. This bill should save municipal and state law enforcement agencies funds that otherwise would need to be expended to purchase such sophisticated equipment.

Local fiscal implications

This bill measure would positively help the finances of municipal and state law enforcement agencies.

Effective date

30 days after it shall have become law.