New York S 5885: Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S05885 Summary:

BILL NOS05885 

&nbsp

SAME ASSAME AS A01730

&nbsp

SPONSORLANZA

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add Art 166 §166.00, Pen L

&nbsp

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods; establishes this shall not apply to vehicles, vessels, or aircrafts that are used by any person as a common carrier in the transaction of business as such common carrier.

Go to top S05885 Actions:

BILL NOS05885 

&nbsp

03/03/2025REFERRED TO CODES

01/07/2026REFERRED TO CODES

Go to topS05885 Committee&nbspVotes:

Go to topS05885 Floor&nbspVotes:

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

Go to topS05885 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5885

 2025-2026 Regular Sessions

 IN SENATE

 March 3, 2025
 ___________

 Introduced by Sen. LANZA -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the penal law, in relation to the seizure and forfeiture
 of vehicles, vessels and aircraft used in counterfeit goods

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

 1 Section 1. The penal law is amended by adding a new article 166 to
 2 read as follows:
 3 ARTICLE 166
 4 SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND
 5 AIRCRAFT USED IN COUNTERFEIT GOODS
 6 Section 166.00 Seizure and forfeiture of vehicles, vessels and aircraft
 7 used in counterfeit goods.
 8 § 166.00 Seizure and forfeiture of vehicles, vessels and aircraft used
 9 in counterfeit goods.
 10 1. Any vehicle, vessel or aircraft which has been or is being used in
 11 violation of section 165.71, 165.72, or 165.73 of this title shall be
 12 seized by any peace officer, who is acting pursuant to such peace offi-
 13 cer's special duties, or police officer, and forfeited as provided in
 14 this section. However, such forfeiture and seizure provisions shall not
 15 apply to any vehicle, vessel or aircraft used by any person as a common
 16 carrier in the transaction of business as such common carrier.
 17 2. The seized property shall be delivered by the police officer or
 18 peace officer having made the seizure to the custody of the district
 19 attorney of the county wherein the seizure was made, together with a
 20 report of all the facts and circumstances of the seizure.
 21 3. It shall be the duty of the district attorney of the county wherein
 22 the seizure is made, to inquire into the facts of the seizure so
 23 reported to such district attorney and if it appears probable that a
 24 forfeiture has been incurred by reason of a violation of section 165.71,
 25 165.72, or 165.73 of this title, for the determination of which the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03593-01-5

 S. 5885 2

 1 institution of proceedings in the supreme court is necessary, to cause
 2 the proper proceedings to be commenced and prosecuted, at any time after
 3 thirty days from the date of the seizure, to declare such forfeiture,
 4 unless, upon inquiry and examination, such district attorney or corpo-
 5 ration counsel decides that such proceedings can not probably be
 6 sustained or that the ends of public justice do not require that they
 7 should be instituted or prosecuted, in which case, the district attorney
 8 or corporation counsel shall cause such seized property to be returned
 9 to the owner thereof.
 10 4. Notice of the institution of the forfeiture proceeding shall be
 11 served either (a) personally on the owners of the seized property, or
 12 (b) by registered mail to the owners' last known address and by publica-
 13 tion of the notice once a week for two successive weeks in a newspaper
 14 published or circulated in the county wherein the seizure was made.
 15 5. Forfeiture shall not be adjudged where the owners establish by
 16 preponderance of the evidence that (a) the use of such seized property,
 17 in violation of section 165.71, 165.72, or 165.73 of this title, was not
 18 intentional on the part of any owner, or (b) such seized property was
 19 used in violation of section 165.71, 165.72, or 165.73 of this title, by
 20 any person other than an owner thereof, while such seized