What's happening
This bill allows forfeiture of proceeds from felonies related to child sexual performance and directs funds to prevention and victim support services.
Why it matters
Expands forfeiture laws to include felony crimes involving child sexual performance. , enabling authorities to seize assets and proceeds connected to these offenses—this may increase financial penalties for perpetrators and deter future crimes.
Directs forfeited funds specifically to child protection and victim support. , mandating that money be used equally by law enforcement, local authorities, and social services for prevention, training, and treatment related to child sexual exploitation.
Prioritizes community-based and multidisciplinary responses. by requiring funds to improve training for personnel, establish collaborative approaches, and educate professionals who interact with children, aiming to strengthen systemic prevention and response.
Ensures resources for treatment programs for abused children. , potentially increasing access to specialized care and recovery services, which can be critical for healing and long-term well-being of victims.
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Who cares
Law enforcement agencies and prosecutors
The bill would add Penal Law Article 263 felonies to pre-conviction forfeiture crimes and give the claiming agent and claiming authority equal shares of specified remaining forfeiture proceeds for child sexual abuse prevention, training and treatment purposes.
Local social services offices
The office in the claiming authority’s jurisdiction would receive an equal share of those remaining proceeds for the same designated purposes.
Sexually victimized children and treatment providers
The bill would designate treatment programs for sexually victimized children as an authorized use of the distributed proceeds.
Chemical dependence service fund
For Article 263 forfeitures, the bill would replace the fund’s usual 40 percent share of specified remaining proceeds with the new distribution.
Headline styles
Seize Assets from Child Offenders
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Held for consideration in codes
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5211
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
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.
LBD07595-01-9
A. 5211 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.