What's happening
This bill allows law enforcement to retain forfeited electronic devices, computers, and office equipment for official use.
Why it matters
Expands law enforcement’s ability to keep certain seized items. The bill newly allows police and other agencies to retain not just vehicles, vessels, and aircraft, but also electronic devices, telecommunications and surveillance equipment, computers, and office equipment that have been forfeited, increasing the types of property that can be used for official purposes instead of being sold.
Potential for increased law enforcement resources. By enabling agencies to keep modern technology and office gear, the measure may help departments upgrade equipment without additional taxpayer expense, potentially improving investigative and administrative capabilities.
Raises oversight and accountability questions. The broadened authority to retain valuable electronic and office equipment could heighten concerns about how forfeited property is tracked, how its use is justified, and whether safeguards are in place to prevent misuse or overreach.
Impacts third parties and lienholders. The law maintains protections for those with perfected liens, meaning law enforcement can only retain equipment if any legitimate ownership claims (like loans or leases) have been satisfied, which continues to protect the rights of third parties.
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Who cares
Headline styles
Let Police Keep Forfeited Goods
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Police Keep Seized Property
In Senate Committee · Codes · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
835
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, SKARTADOS, HOOPER, MONTESANO -- Multi- Sponsored by -- M. of A. RIVERA -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to authorizing a claiming authority to retain personal property for law enforcement purposes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 2 of section 1349 of the civil practice law and rules, as added by chapter 655 of the laws of 1990, is amended to read as follows:
If any other provision of law expressly governs the manner of disposition of property subject to the judgment or order of forfeiture, that provision of law shall be controlling. Upon application by a claiming agent for reimbursement of moneys directly expended by a claiming agent in the underlying criminal investigation for the purchase of contraband which were converted into a non-monetary form or which have not been otherwise recovered, the court shall direct such reimbursement from money forfeited pursuant to this article. Upon application of the claiming agent, the court may direct that any vehicles, vessels [or], aircraft, electronic, telecommunications or surveillance equipment or devices, computers as defined in subdivision one of section 156.00 of the penal law or office equipment forfeited pursuant to this article be retained by the claiming agent for law enforcement purposes, unless the court determines that such property is subject to a perfected lien, in which case the court may not direct that the property be retained unless all such liens on the property to be retained have been satisfied or pursuant to the court's order will be satisfied. In the absence of an application by the claiming agent, the claiming authority may apply to the court to retain such property for law enforcement purposes. Upon such application, the court may direct that such property be retained by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02973-01-7
A. 835 2
the claiming authority for law enforcement purposes, unless the court determines that such property is subject to a perfected lien. If not so retained, the judgment or order shall direct the claiming authority to sell the property in accordance with article fifty-one of this chapter, and that the proceeds of such sale and any other moneys realized as a consequence of any forfeiture pursuant to this article shall be apportioned and paid in the following descending order of priority:
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to forfeiture actions commenced on or after such date.
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.