What's happening
This bill directs forfeited assets from felony crimes involving child sexual performances to fund training and services for child sexual abuse prevention and victim support.
Why it matters
Redirects criminal asset forfeitures specifically from child sexual performance felonies to directly fund local responses. including law enforcement, child protective services, and social services—rather than broader state funds, ensuring resources stay within the affected communities.
Mandates that seized funds be used for specialized training and multidisciplinary coordination. among professionals (such as police, social workers, and healthcare providers), potentially increasing early intervention and more effective support for abused children.
Allocates resources for both prevention and treatment. , not just investigation and prosecution, which could address root causes, support recovery for victims, and help reduce repeat offenses or long-term trauma.
Creates a dedicated financial incentive for local agencies to proactively address child sexual abuse. by tying funding availability directly to the successful prosecution and forfeiture of assets in these cases, possibly leading to more robust local efforts.
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Who cares
People facing felony charges involving sexual performances by children
The bill would make Penal Law Article 263 felonies eligible for pre-conviction forfeiture proceedings.
Claiming agents and claiming authorities
They would each receive an equal share of remaining forfeiture money from Article 263 cases for child sexual abuse prevention, training and treatment purposes.
- Likely support
Local social services offices and sexually victimized children
The local office within the claiming authority’s jurisdiction would receive an equal share of remaining funds to support specified activities, including treatment programs for sexually victimized children.
Chemical dependence service fund
The bill would exclude Article 263 forfeitures from the fund’s usual allocation of 40 percent of money remaining after earlier distributions.
Headline styles
Seize Assets From Child Offenders
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Held for consideration in codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4559
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. DiPIETRO -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to forfeiture of the proceeds of a felony related to a sexual performance by a child
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 6 of section 1310 of the civil practice law and rules, as added by chapter 669 of the laws of 1984, is amended to read as follows:
6. "Pre-conviction forfeiture crime" means only a felony defined in article two hundred twenty or two hundred sixty-three, or section 221.30 or 221.55 of the penal law.
§ 2. Paragraph (g) and the opening paragraph of paragraph (h) of subdivision 2 of section 1349 of the civil practice law and rules, paragraph (g) as amended by chapter 398 of the laws of 2004 and the opening paragraph of paragraph (h) as added by chapter 655 of the laws of 1990, are amended to read as follows:
(g) [Forty] Except as otherwise provided in paragraph (i) of this subdivision, 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;
[All] Except as otherwise provided in paragraph (i) of this subdivision, all moneys remaining after distributions pursuant to paragraphs (a) through (g) of this subdivision shall be distributed as follows:
§ 3. Subdivision 2 of section 1349 of the civil practice law and rules is amended by adding a new paragraph (i) to read as follows:
(i) When the forfeiture was based upon a post-conviction crime or pre-conviction crime, defined in article two hundred sixty-three of the penal law, all moneys which are remaining after distributions pursuant
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05859-01-7
A. 4559 2
to paragraphs (a) through (f) of this subdivision, in equal amounts to the claiming agent, claiming authority and the local social services office located within the jurisdiction of the claiming authority for the following uses and purposes:
(i) to improve training of personnel and to establish, operate and improve community-based multi-disciplinary approaches to address the problem of child sexual molestation;
(ii) to conduct training on child sexual exploitation and other sexual molestation of children for other professionals who come in contact with children;
(iii) to prevent the sexual molestation of children; and
(iv) to fund treatment programs for sexually victimized children.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
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.