What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
23 Co-sponsors
- Greg Ball
- John J. Bonacic
- Phil Boyle
- Simcha Felder
- Patrick M. Gallivan
- Martin J. Golden
- Joseph A. Griffo
- Kemp Hannon
- Andrew J. Lanza
- William J. Larkin Jr.
- Betty Little
- Carl L. Marcellino
- Kathleen A. Marchione
- Jack M. Martins
- George D. Maziarz
- Thomas F. O'Mara
- Michael H. Ranzenhofer
- Patty Ritchie
- Joseph E. Robach
- Diane J. Savino
- James L. Seward
- David J. Valesky
- Catharine Young
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 56–3
- Ordered to third reading cal.1147
- Committee discharged and committed to rules
- Referred to codes
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7658
Title of bill
An act to amend the civil practice law and rules, in relation to forfeiture allocations
Purpose and existing law
Asset forfeiture is the confiscation of assets that are either the proceeds of crime or the instrumentalities of crime. Chapter 655 of the Laws of 1990 significantly amended the existing forfeiture provisions of Article 13-A of New York State's Civil Practice Laws and Rules (CPLR) and enacted new criminal forfeiture provisions for felony controlled substance offenses in Article 480 of the state's Penal Law. The present amendments redistribute the amounts required by to law to better provide for the organizations that actually conduct the operations necessary to obtain forfeitures in criminal cases. This legislation allows claiming authorities to receive more of the monies realized by fruits of their labor. These moneys are presently going to certain state funds maintained by the Division of Criminal Justice Services, this legislation requires that 50 percent more of the monies that were going to the DCJS accountants are to be made available to the Claiming authority and additional monies to accounts the chemical dependence service fund. Thereby earmarking more monies for treatment and future prosecutions.
Read the full memo (620 words)
The other monies which remain will still go to the DCJS state funds but are to be split between two funds that provide monies to police departments and district attorneys equally and the amounts set aside for district attorneys are also limited to use for investigation of drug offenses whereas previously such funds were general funds to be used for penal law offenses.
Summary of specific provisions
Section 1 amends Section 1359 of the CPLR paragraph e and g of subdivision two, which provides the percentage disbursement of monies seized trough he asset forfeiture provisions of the Criminal Procedure Law. Specifically section one provides that 25% instead of 15% of the monies recovered and available after the statutory priorities are complied with is to be made available to the claiming authority. These monies may be retained by the claiming authority but are restricted for use on future drug offense investigations. This section also provides additional monies for treatment modifying the formula for disbursement to the Chemical Dependence service fund to 50% instead of 40% of monies available after the statutory priorities are complied with.
Section 2 amends Subparagraphs I and II of paragraph H of subdivision 2 of section 1349 of the CPLR and Provides that the remaining monies as a result of criminal asset forfeiture (20%) will be split equally between a law enforcement the subaccount of the state's general fund and a prosecution services subaccount of the state's general fund said prosecution subaccount funds restricted to disbursement for use of prosecuting drug offenses.
Section 3 effective date
Justification
Heroin use is an epidemic in our state. Its impact now touches every aspect of our society regardless of income, education, gender or community. Upstate and Downstate are suffering from this scourge. It's ruining peoples' lives and destroying families. The increasing availability of this drug combined with more powerful incarnations and its sheer addictiveness has created a public health and safety crisis of incredible magnitude. This crisis includes the all too often death of too many New Yorkers. This law will provide more incentives for district attorney's and law enforcement around the state to investigate and prosecute drug dealers by allowing DA's to retain more of the proceeds from seized asset than current law. The sponsor's intent is that these additional monies will fund additional prosecutions of drug dealers providing more and more monies thorough seizure to DA's offices to combat the heroin epidemic. More seized money will also fund more substance abuse prevention and treatment.
Legislative history
None
Fiscal implications
None.
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.