Relates to forfeitures

BILL NUMBER:S4486

Title of bill

An act to amend the civil practice law and rules, in relation to forfeitures

Purpose of Bill:

This bill would amend the Civil Practice Law and Rules (CPLR) to give police and sheriff's departments the authority to retain and computer equipment forfeited under New York's civil forfeiture law and to use it for law enforcement purposes.

Summary of Provisions:

Section one of the bill would amend CPLR § 1349(2) to add computers, printers and computer monitors to the list of forfeited items that may be put into official use by a police department instead of being sold at a public auction.

Section two of the bill would provide an immediate effective date.

Existing Law:

Under existing law, a "claiming agent," which is defined to include certain law enforcement agencies described in the Criminal Procedure Law, may retain certain property forfeited pursuant to Article 13-A of the CPLR, unless the court determines that such property is subject to a perfected lien and directs that it not be retained. CPLR § 1349(2) currently lists "vehicles, vessels or aircraft" as the types of property that may be retained and used by law enforcement agencies pursuant to this authority.

Prior Legislative History:

This is a new bill.

Statement in Support:

This bill would expand the types of forfeited property that may be put to use by a law enforcement agency that is responsible for the investigation that led to the forfeiture. Current law allows for vehicles, vessels and aircraft to be put to such use, and all other forfeited items must be sold, with the proceeds distributed in accordance with a plan set forth in CPLR § 1349. While this system is appropriate for cases where the forfeited items have substantial value, the resale value of used computers, printers and monitors is such that they are unlikely to attract significant bids at auction. However, in the present fiscal climate, most police agencies do not have the means to purchase additional computer equipment. As a result, this type of equipment may often be more useful to police departments than it is valuable to others.

This amendment would remove the requirement that this forfeited equipment be sold, and would give law enforcement the authority to use the equipment, in the same manner that vehicles forfeited under this article can be put into official use.

Budget Implications:

This bill could reduce expenses of law enforcement agencies.

Effective Date:

This bill would take effect immediately.