New York A 6335: Relates to asset forfeiture

Bill Text

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A06335 Summary:

BILL NOA06335 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORPeoples-Stokes

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §1349, CPLR

&nbsp

Relates to asset forfeiture.

Go to top A06335 Actions:

BILL NOA06335 

&nbsp

03/04/2025referred to codes

01/07/2026referred to codes

Go to topA06335 Committee&nbspVotes:

Go to topA06335 Floor&nbspVotes:

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

Go to topA06335 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6335

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

 Introduced by M. of A. PEOPLES-STOKES -- 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 Assem-
 bly, do enact as follows:

 1 Section 1. Paragraphs (e), (f) and (g) of subdivision 2 of section
 2 1349 of the civil practice law and rules, paragraphs (e) and (f) as
 3 added by chapter 655 of the laws of 1990 and paragraph (g) as amended by
 4 chapter 398 of the laws of 2004, are amended to read as follows:
 5 (e) [In addition to amounts, if any, distributed pursuant to paragraph
 6 (d) of this subdivision, fifteen percent of all moneys realized through
 7 forfeiture to the claiming authority in satisfaction of actual costs and
 8 expenses incurred in the investigation, preparation and litigation of
 9 the forfeiture action, including that proportion of the salaries of the
 10 attorneys, clerical and investigative personnel devoted thereto, plus
 11 all costs and disbursements taxable under the provisions of this chap-
 12 ter] Forty percent of all moneys realized through forfeiture which are
 13 remaining, if any, after distributions pursuant to paragraphs (a)
 14 through (d) of this subdivision, to the chemical dependence service fund
 15 established pursuant to section ninety-seven-w of the state finance law;
 16 (f) [In addition to amounts, if any, distributed pursuant to paragraph
 17 (d) of this subdivision, five percent of all moneys realized through
 18 forfeiture] Fifteen percent of all moneys realized through forfeiture
 19 which are remaining, if any, after distributions pursuant to paragraphs
 20 (a) through (e) of this subdivision to the claiming [agent] authority,
 21 in addition to the amounts, if any, distributed pursuant to paragraph
 22 (d) of this subdivision, in satisfaction of actual costs [incurred for
 23 protecting, maintaining and forfeiting the property] and expenses
 24 incurred in the investigation, preparation and litigation of the forfei-
 25 ture 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.
 LBD02024-01-5

 A. 6335 2

 1 clerical and investigative personnel devoted thereto, plus all costs and
 2 disbursements taxable under the provisions of this chapter;
 3 (g) [Forty percent of all moneys realized through forfeiture which are
 4 remaining after distributions pursuant to paragraphs (a) through (f) of
 5 this subdivision, to the chemical dependence service fund established
 6 pursuant to section ninety-seven-w of the state finance law] Five
 7 percent of all moneys realized through forfeiture which are remaining,
 8 if any, after distributions pursuant to paragraphs (a) through (e) of
 9 this subdivision to the claiming agent, in addition to the amounts, if
 10 any, distributed pursuant to paragraph (d) of this subdivision, in
 11 satisfaction of actual costs incurred for protecting, maintaining and
 12 forfeiting the property including that proportion of the salaries of
 13 attorneys, clerical and investigative personnel devoted thereto;
 14 § 2. This act shall take effect immediately.

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