What's happening
This bill allows law enforcement to retain forfeited electronic, telecommunications, surveillance, computer, and office equipment for official use.
Why it matters
Expanding retention powers. By allowing law enforcement to keep a wider range of forfeited equipment (including electronics, computers, surveillance devices, and office gear), the bill significantly expands what police can use for their own operations, beyond traditional vehicles and vessels.
Potential impact on police resources. This change may provide law enforcement agencies with more up-to-date tools and technology for investigations, surveillance, and administration, possibly reducing costs for purchasing new equipment.
Implications for property rights. The amendment could increase the incentives for law enforcement to pursue certain forfeitures, which may raise concerns about due process and the balance between combating crime and protecting individual property rights.
Oversight and safeguards. The bill maintains that courts must approve the retention of such property and consider any existing liens, offering some check on law enforcement’s ability to claim forfeited property for their own use.
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Who cares
Headline styles
Let Police Keep Seized Property
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
516
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed 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.
LBD01098-01-9
S. 516 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.
Sponsor's memo
Title of bill
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
Purpose
This bill permits law enforcement officials to retain seized property, such as electronic, telecommunications or surveillance equipment or devices, computers, or office equipment that has been seized and forfeited, after approval of the court, in order to utilize such personal property for law enforcement purposes.
Summary of provisions
Section 1: Amends Civil Practice Law and Rules section 1349 to add prop- erty such as electronic, telecommunications or surveillance equipment or devices, ox office equipment to items such as vehicles, vessels, and aircraft which may be currently retained by state and local law enforce- ment entities after forfeiture and used for law enforcement purposes.
Read the full memo (821 words)
Existing law
The valuable equipment that has been seized as proceeds of a crime, currently cannot be used by law enforcement officials, and instead must be auctioned off at far less than market value.
Justification
Under current law, any vehicle, vessel or aircraft that is seized by and forfeited to a state or local law enforcement agency as a "proceeds of a crime" may be retained by the seizing jurisdiction, after court approval, and then used for such office's law enforcement activities, The current law enhances the ability of state and local law enforcement officials to combat crime, while at the same time saving taxpayer dollars by avoiding the need to purchase these expensive items. Further, if such items were auctioned off at public auction, the proceeds received from such auctions are generally much less than the market value of such assets or the price to purchase such assets new. Further, there is a cost to auction off such assets and costs are incurred to store such vehicles, vessels or aircraft before such auction.
Law enforcement agencies often seize valuable electronic equipment such as computers, video equipment, telecommunications or office equipment, fax machines, and surveillance equipment such as night vision goggles which are superior to the equipment used by police agencies. Further, this equipment could be used to help combat crime or reduce auto theft. Unfortunately, under current law, such electronic equipment cannot be forfeited. Instead, this valuable equipment must be auctioned off in accordance CPLR Article 51 at very low prices.
The auction process is slow and costly, and produces only a fraction of the value of the goods, even when the electronic equipment is in good condition. In addition, once possessed, such law enforcement offices could share this equipment with other law enforcement agencies to help reduce their operating and capital costs as well.
In addition, since the Federal Government has a more extensive civil forfeiture law, often state and local law enforcement agencies will allow a federal law enforcement agency to take the lead in an arrest and seizure of property to take advantage of the Federal civil forfeiture law. Hence, the current wide dichotomy between New York State and Feder- al civil forfeiture laws, forces state and local law enforcement to find willing federal partners to conduct arrests and seize property. However, Federal Law enforcement agencies are already taxed to the limit and are concentrating more resources on the war on terror, hence other crimes that tend to be more state based in their enforcement such as drug traf- ficking, auto theft, auto insurance fraud, and others is not a Federal priority as much as it is for local law enforcement agencies.
This bill would allow state and local law enforcement agencies to retain more seized equipment, after court approval, reduce the cost of state and local governments by reducing auction, inventory, and storage costs of seized property and the cost to purchase new office equipment and other seized properties.
This bill was revised to take into consideration the comments of the NYS Association of Chiefs of police, the NYS District Attorneys Association, and the NYS Sheriffs Association, to update this law. All of these law enforcement associations now endorse and support this bill.
Legislative history
2012: S. 3829-A - Referred to Codes 2014: S. 2333 Passed Senate 2015/2016: S. 855 - Remained in Senate Codes Committee, the prime spon- sor of this bill has shifted to Senator Carlucci from Senator Klein. 2017-18: S4299/835 - CODES/codes
Fiscal implications for state & local governments
This measure would have a beneficial fiscal impact. This is because it would make such sophisticated equipment free and available for use by law enforcement officials, instead of forcing such law enforcement agen- cy to auction off this seized equipment at well below its market value. This bill should save municipal and state law enforcement agencies funds that otherwise would need to be expended to purchase such sophisticated equipment.
Local fiscal implications
This bill measure would positively help the finances of municipal and state law enforcement agencies.
Effective date
30 days after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.