What's happening
This bill changes how forfeiture funds are distributed, increasing allocations to chemical dependence services and adjusting portions for costs and claiming authorities.
Why it matters
Significantly increases funding for chemical dependence services. by raising their share of forfeiture proceeds from 40% to 55%, reflecting a policy shift toward prioritizing addiction treatment and public health initiatives over direct law enforcement or administrative costs.
Reduces the share of forfeiture funds going to law enforcement agencies. (“claiming authorities” and “claiming agents”) for their costs and expenses, which may limit discretionary funds for police operations but could encourage more transparent and accountable use.
Clarifies and updates how costs are reimbursed. specifying that funds for investigation, preparation, and litigation of forfeiture actions come from a smaller portion of proceeds, and detailing which personnel and expenses are covered, promoting more explicit financial practices.
Potentially impacts local and state budgeting strategies. by shifting the financial incentives around asset forfeiture, possibly reducing overreliance on forfeited assets to fund law enforcement while bolstering support for addiction recovery infrastructure.
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Who cares
Headline styles
Redirect Asset Forfeiture Funds
Plain English, a few words. Used as the page title.
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Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2254
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. PEOPLES-STOKES, CYMBROWITZ, LENTOL, GOTTFRIED, CAHILL -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to asset forfeiture
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (e), (f) and (g) of subdivision 2 of section 1349 of the civil practice law and rules, paragraphs (e) and (f) as added by chapter 655 of the laws of 1990 and paragraph (g) as amended by chapter 398 of the laws of 2004, are amended to read as follows:
(e) [In addition to amounts, if any, distributed pursuant to paragraph (d) of this subdivision, fifteen percent of all moneys realized through forfeiture to the claiming authority in satisfaction of actual costs and expenses incurred in the investigation, preparation and litigation of the forfeiture action, including that proportion of the salaries of the attorneys, clerical and investigative personnel devoted thereto, plus all costs and disbursements taxable under the provisions of this chapter] Forty percent of all moneys realized through forfeiture which are remaining, if any, after distributions pursuant to paragraphs (a) through (d) of this subdivision, to the chemical dependence service fund established pursuant to section ninety-seven-w of the state finance law;
(f) [In addition to amounts, if any, distributed pursuant to paragraph (d) of this subdivision, five percent of all moneys realized through forfeiture] Fifteen percent of all moneys realized through forfeiture which are remaining, if any, after distributions pursuant to paragraphs (a) through (e) of this subdivision to the claiming [agent] authority, in addition to the amounts, if any, distributed pursuant to paragraph (d) of this subdivision, in satisfaction of actual costs [incurred for protecting, maintaining and forfeiting the property] and expenses incurred in the investigation, preparation and litigation of the forfeiture action, including that proportion of the salaries of the attorneys,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03446-01-7
A. 2254 2
clerical and investigative personnel devoted thereto, plus all costs and disbursements taxable under the provisions of this chapter;
(g) [Forty percent of all moneys realized through forfeiture which are remaining after distributions pursuant to paragraphs (a) through (f) of this subdivision, to the chemical dependence service fund established pursuant to section ninety-seven-w of the state finance law] Five percent of all moneys realized through forfeiture which are remaining, if any, after distributions pursuant to paragraphs (a) through (e) of this subdivision to the claiming agent, in addition to the amounts, if any, distributed pursuant to paragraph (d) of this subdivision, in satisfaction of actual costs incurred for protecting, maintaining and forfeiting the property including that proportion of the salaries of attorneys, clerical and investigative personnel devoted thereto;
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.