What's happening
This bill changes how forfeited assets are distributed, increasing funding to the chemical dependence service fund and adjusting shares for authorities and agents.
Why it matters
Significantly increases the share of forfeited assets directed to the chemical dependence service fund (from 40% to 15% for authorities, and from 5% to 40% for the fund), which could mean more resources for substance abuse treatment and prevention statewide.
Alters incentives for local authorities and agents by reducing their shares of forfeiture proceeds and redefining how much can be recovered for costs and expenses, potentially impacting how aggressively asset forfeiture actions are pursued.
Clarifies which entities (claiming authority vs. claiming agent) can claim specific costs and in what proportions, possibly reducing administrative overlap or disputes about asset distribution.
Reflects a policy shift from prioritizing law enforcement and administrative reimbursement toward public health funding, signaling a broader rethinking of the role and purpose of civil asset forfeiture in addressing drug-related crime.
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Who cares
Headline styles
Redirect Forfeiture Funds to Treatment
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7012
2019-2020 Regular Sessions
IN ASSEMBLY
April 3, 2019
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.
LBD10801-01-9
A. 7012 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.