New York S 4521: Enacts the "criminal forfeiture process act"; repealer

Bill Text

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S04521 Summary:

BILL NOS04521 

&nbsp

SAME ASSAME AS A01437

&nbsp

SPONSORBAILEY

&nbsp

COSPNSRHOYLMAN-SIGAL, JACKSON

&nbsp

MLTSPNSR

&nbsp

Rpld & add Art 480 §§480.00 - 480.175, Pen L; amd §§690.10 & 690.55, CP L

&nbsp

Enacts the "criminal forfeiture process act" to replace the process for the criminal forfeiture of certain property in certain instances.

Go to top S04521 Actions:

BILL NOS04521 

&nbsp

02/06/2025REFERRED TO CODES

05/20/2025REPORTED AND COMMITTED TO FINANCE

01/07/2026REFERRED TO CODES

Go to topS04521 Committee&nbspVotes:

Go to topS04521 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04521 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4521

 2025-2026 Regular Sessions

 IN SENATE

 February 6, 2025
 ___________

 Introduced by Sens. BAILEY, HOYLMAN-SIGAL, JACKSON -- read twice and
 ordered printed, and when printed to be committed to the Committee on
 Codes

 AN ACT to amend the penal law and the criminal procedure law, in
 relation to enacting the "criminal forfeiture process act"; and to
 repeal certain provisions of the penal law relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "criminal forfeiture process act".
 3 § 2. Article 480 of the penal law is REPEALED and a new article 480 is
 4 added to read as follows:
 5 ARTICLE 480
 6 CRIMINAL FORFEITURE PROCESS
 7 Section 480.00 Legislative intent.
 8 480.05 Definitions.
 9 480.10 Jurisdiction.
 10 480.15 Seizure of personal property with process.
 11 480.20 Seizure of personal property without process.
 12 480.25 Seizure or restraint of real property with process.
 13 480.30 Contraband and stolen property.
 14 480.35 Receipt.
 15 480.40 Property exempt from seizure and forfeiture.
 16 480.45 Waiver prohibition.
 17 480.50 Title.
 18 480.55 Counsel.
 19 480.60 Notice to other known owners.
 20 480.65 Prompt post-seizure hearing.
 21 480.70 Notice of proposed forfeiture.
 22 480.75 Notice of proposed forfeiture after indictment.
 23 480.80 Discovery.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01777-01-5

 S. 4521 2

 1 480.85 Trial, conviction, and standard of proof.
 2 480.90 Exceptions to the conviction requirement.
 3 480.95 Proportionality.
 4 480.100 Secured interest holder.
 5 480.105 Innocent owner.
 6 480.110 Judgment.
 7 480.115 Substitution of assets.
 8 480.120 No additional remedies.
 9 480.125 No joint-and-several liability.
 10 480.130 Appeals.
 11 480.135 Attorney fees.
 12 480.140 Return of property; damages and costs.
 13 480.145 Disposition of property and proceeds.
 14 480.150 Sale restrictions.
 15 480.155 Preemption.
 16 480.160 Limitation on federal adoption.
 17 480.165 Limitation on state and federal joint task forces.
 18 480.170 Guidance.
 19 480.175 Severability.
 20 § 480.00 Legislative intent.
 21 The legislature hereby finds that forfeiture is disfavored. The
 22 purpose of this article is to:
 23 1. Deter criminal activity by reducing its economic incentives;
 24 2. Confiscate property used in the violation of law and restrain
 25 profits from illegal conduct; and
 26 3. Protect the due process rights of property owners.
 27 § 480.05 Definitions.
 28 For the purposes of this article, the following terms shall have the
 29 following meanings:
 30 1. "Abandoned property" means personal property left by an owner who
 31 relinquishes all rights to control of such property. Abandoned property
 32 shall not include real property.
 33 2. "Actual knowledge" means direct and clear awareness of information,
 34 a fact, or a condition.
 35 3. "Contraband" means any article or thing which a person is prohibit-
 36 ed from obtaining or possessing by law, rule, or regulation, including,
 37 but not limited to, illegal drugs or firearms.
 38 4. "Motor vehicle" means a motor vehicle as defined by section one
 39 hundred twenty-five of the vehicle and traffic law, except that such
 40 term shall include any trailer, snowmobile, airplane, vessel, or any
 41 equipment attached to one of such devices. "Motor vehicle" shall not
 42 include stolen