New York A 1437: Enacts the "criminal forfeiture process act"; repealer

Bill Text

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A01437 Summary:

BILL NOA01437 

&nbsp

SAME ASSAME AS S04521

&nbsp

SPONSORHunter

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COSPNSREpstein, Weprin, Walker, Meeks, Jacobson, Glick, Simon

&nbsp

MLTSPNSR

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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 A01437 Actions:

BILL NOA01437 

&nbsp

01/09/2025referred to codes

01/07/2026referred to codes

Go to topA01437 Committee&nbspVotes:

Go to topA01437 Floor&nbspVotes:

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

Go to topA01437 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1437

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 9, 2025
 ___________

 Introduced by M. of A. HUNTER, EPSTEIN, WEPRIN, WALKER, MEEKS, JACOBSON,
 GLICK, SIMON -- read once and referred 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 Article 480 of the penal law is REPEALED and a new article 480 is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.
 24 480.85 Trial, conviction, and standard of proof.

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

 A. 1437 2

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