Bill Text: NY A01437 | 2025-2026 | General Assembly | Introduced
Bill Title: Enacts the "criminal forfeiture process act" to replace the process for the criminal forfeiture of certain property in certain instances.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2025-01-09 - referred to codes [A01437 Detail]
Download: New_York-2025-A01437-Introduced.html
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 Article 480 of the penal law is REPEALED and a new article 480 is 4 added to read as follows: 5 ARTICLE 480 6 CRIMINAL FORFEITURE PROCESS 7 Section 480.00 Legislative intent. 8 480.05 Definitions.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. LBD01777-01-5A. 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. "Innocent owner" means an owner, an owner-in-joint-tenancy, or the 43 defendant's heir or other owner of property subject to forfeiture who 44 does not have actual knowledge of the use of their property in a crime 45 which authorizes the forfeiture of such property. "Innocent owner" 46 shall not include the defendant or a secured interest holder. 47 6. "Instrumentality" means property otherwise lawful to possess that 48 is used in a crime that authorizes the forfeiture of such property. 49 "Instrumentality" includes, but is not limited to, land, buildings, 50 containers, conveyances, equipment, materials, products, tools, comput- 51 ers, computer software, telecommunications devices, firearms, ammunition 52 and ammunition-and-firearm accessories. 53 7. "Law enforcement agency" means any state or local police force, or 54 any other local, county, or state agency that has the authority under 55 state law to engage in seizure and forfeiture.A. 1437 3 1 8. "Proceeds" means money, securities, negotiable instruments or other 2 means of exchange obtained from the sale of property or contraband. 3 9. "Prosecuting authority" means a municipal attorney, solicitor, 4 district attorney, attorney general and other attorney acting under 5 specific direction and authority, appointed or charged by law with the 6 responsibility for prosecuting crime. 7 10. "Secured interest holder" means a person who is a secured credi- 8 tor, mortgagee, lienholder, or other person who has a valid claim, secu- 9 rity interest, mortgage, lien, leasehold, or other interest in property 10 that is subject to forfeiture. "Secured interest holder" shall not 11 include the defendant or an innocent owner. 12 § 480.10 Jurisdiction. 13 1. This article shall only apply to property seized in relation to the 14 following: 15 (a) a felony controlled substance offense under article two hundred 16 twenty of this chapter or a felony offense involving cannabis under 17 article two hundred twenty-two of this chapter; 18 (b) a felony prostitution offense under article two hundred thirty of 19 this chapter; 20 (c) a felony offense involving driving under the influence of a 21 controlled substance or alcohol; or 22 (d) an arrest or search conducted immediately subsequent to the hot 23 pursuit of a person suspected of a felony offense for which property is 24 subject to seizure and forfeiture. 25 2. There shall be no civil forfeiture under this article. 26 3. The court that has jurisdiction in the related criminal matter 27 shall have jurisdiction over the forfeiture proceeding. 28 4. The forfeiture proceeding shall be part of the trial of the related 29 crime. It shall follow a finding of the defendant's guilt or be 30 conducted at the court's discretion. Such proceeding shall be conducted 31 by the court without a jury. 32 § 480.15 Seizure of personal property with process. 33 At the request of the prosecuting authority, the court may issue an ex 34 parte order to attach, seize or secure personal property for which 35 forfeiture is sought and to provide for its custody. Application, issu- 36 ance, execution, and return are subject to state law and court rules. 37 § 480.20 Seizure of personal property without process. 38 Personal property may be seized, as part of a lawful search, without a 39 court order if: 40 1. The personal property subject to forfeiture is seized incident to a 41 lawful arrest; 42 2. The state has probable cause to believe the delay caused by the 43 necessity of obtaining process would result in the removal or 44 destruction of the personal property that is forfeitable under this 45 chapter; or 46 3. The personal property is the subject of a prior and valid judgment 47 of forfeiture in favor of the state. 48 § 480.25 Seizure or restraint of real property with process. 49 1. Real property shall not be seized or restrained without a court 50 order. 51 2. A court shall not issue an order to seize real property unless the 52 defendant and any other person with a known interest in such real prop- 53 erty receive proper notice and are given an opportunity for a contested 54 hearing to determine the existence of probable cause for such seizure. 55 3. Nothing in this section shall prohibit the prosecuting authority 56 from seeking a lis pendens or restraining order to hinder the sale orA. 1437 4 1 destruction of real property otherwise authorized by law. If the prose- 2 cuting authority obtains a lis pendens or restraining order, such prose- 3 cuting authority shall notify the defendant and any other person with a 4 known interest in the property within thirty days. 5 4. Application, filing, issuance, execution, and return of any order 6 shall be subject to the laws of the state of New York and any court 7 rules generally applicable to such orders. 8 § 480.30 Contraband and stolen property. 9 No property right shall exist in contraband or stolen property. 10 Contraband and stolen property shall be subject to seizure. Contraband 11 shall be disposed of according to the applicable state law for such 12 article or thing. Stolen property shall be returned to its owner. 13 § 480.35 Receipt. 14 1. When property is seized, the law enforcement officer shall give an 15 itemized receipt to the person possessing such property at the time of 16 seizure, or otherwise pursuant to section 690.50 of the criminal proce- 17 dure law. 18 2. The receipt shall be numbered for future reference and shall 19 constitute notice of seizure. 20 § 480.40 Property exempt from seizure and forfeiture. 21 1. The following shall be exempt from seizure and forfeiture: 22 (a) United States currency totaling two hundred dollars or less; and 23 (b) A motor vehicle with a market value of less than two thousand 24 dollars. 25 2. The prosecuting authority shall advise as to which publications 26 that law enforcement agencies may use to establish the value of a motor 27 vehicle in the prosecuting authority's jurisdiction. 28 3. A prosecuting authority may establish a minimum-dollar amount larg- 29 er than those in paragraphs (a) and (b) of subdivision one of this 30 section in the prosecuting authority's jurisdiction. 31 4. The presence or possession of United States currency, without other 32 indicia of a crime that authorizes the forfeiture of property, shall be 33 insufficient probable cause for the seizure of such currency. 34 § 480.45 Waiver prohibition. 35 1. A law enforcement officer, other than the prosecuting authority, 36 shall not request, require or induce a person to waive, for purpose of 37 seizure or forfeiture, such person's interest in seized property. 38 2. A document purporting to waive interest or rights in seized proper- 39 ty shall be void and inadmissible in court. 40 § 480.50 Title. 41 1. Title to seized property subject to forfeiture shall vest with the 42 state when the court issues a forfeiture judgment and shall relate back 43 to the time when such property was seized or restrained. 44 2. Title to substitute assets shall vest when the court issues an 45 order forfeiting such substitute assets. 46 § 480.55 Counsel. 47 1. If a defendant in a criminal prosecution is represented by a public 48 defender, such public defender's office may authorize representation of 49 such defendant in the forfeiture proceeding and any other related 50 proceeding. 51 2. If a defendant and any other person with an interest in seized 52 property engages in pro se representation in a forfeiture-related 53 proceeding before a judge, the court shall not be bound by the common 54 law, court rules of evidence, statutory rules of evidence, technical or 55 formal rules of evidence, pleading or procedure in the litigation 56 related to the forfeiture of such property.A. 1437 5 1 § 480.60 Notice to other known owners. 2 1. The prosecuting authority shall perform a reasonable search of 3 public records to identify any person, other than the defendant, known 4 to have an interest in seized property subject to forfeiture. 5 2. The prosecuting authority shall give notice to any person identi- 6 fied to have an interest in seized property subject to forfeiture, who 7 is not charged or indicted. The notice shall include, if available, the 8 seizure receipt number pursuant to subdivision two of section 480.35 of 9 this article. Notice shall be given as provided by the rules of the 10 court. 11 3. The following language shall substantially and conspicuously appear 12 in the notice required by this section: 13 "WARNING: You may lose the right to be heard in court if you do not file 14 promptly a statement of interest or ownership. You do not have to pay a 15 filing fee to file your notice." 16 4. If notice is not served on any persons appearing to have an inter- 17 est in seized property and no time extension is granted or the extension 18 period has expired, the prosecuting authority or court shall order the 19 return of such property to the person from whom such property was seized 20 upon the request of such person. Contraband shall not be returned. 21 § 480.65 Prompt post-seizure hearing. 22 1. Following a seizure of property, a defendant or other person with 23 an interest in such seized property shall have a right to a prompt post- 24 seizure hearing. 25 2. A person with an interest in seized property may petition the court 26 for a hearing. 27 3. At the court's discretion, the court may hold a post-seizure hear- 28 ing: 29 (a) as a separate hearing; or 30 (b) at the same time as a probable-cause determination, a post-arr- 31 aignment omnibus hearing or other pretrial hearing. 32 4. A party, by agreement or for good cause, may move for one extension 33 of no more than ten days. Any motion shall be supported by affidavits or 34 other submissions. 35 5. The court shall order the return of seized property if it finds: 36 (a) the seizure was invalid; 37 (b) a criminal charge has not been filed and no extension of the 38 filing period is available; 39 (c) the seized property is not reasonably required to be held as 40 evidence; 41 (d) the final judgment likely will be in favor of the defendant or any 42 other person with an interest in the property; or 43 (e) the seized property is the only reasonable means for the defendant 44 to pay for legal representation unless the prosecuting authority shows 45 by clear and convincing evidence that the seized property is the instru- 46 mentality of or proceeds derived directly of the crime for which the 47 defendant is charged. 48 6. At the court's discretion, it may order the return of enough funds 49 and property, not needed as evidence, for the defendant to obtain coun- 50 sel of choice but less than the total amount seized. 51 7. The provisions of this section shall not apply to contraband. 52 § 480.70 Notice of proposed forfeiture. 53 1. In any case in which the state seeks forfeiture of property, other 54 than under section 480.75 of this article, the prosecuting authority 55 shall file with the court a notice of proposed forfeiture. The noticeA. 1437 6 1 shall accompany the initial or subsequent charging instrument. Such 2 notice shall include the following information: 3 (a) a description of the property seized; 4 (b) the time, date and place of the seizure; 5 (c) the seizure receipt number pursuant to subdivision two of section 6 480.35 of this article, if available; and 7 (d) a description of how the seized property was used in or derived 8 from the alleged crime. 9 2. The prosecuting authority may allege the forfeiture of seized prop- 10 erty as a sanction related to the crime for which the defendant is 11 charged, as part of sentencing consideration, or through other means to 12 effectuate the criminal forfeiture of such property. 13 3. The notice shall not be read to any jury. 14 4. The state may amend the notice of proposed forfeiture at any time 15 prior to trial. 16 5. The court may grant an unlimited number of ninety-day extensions 17 for the filing of a criminal charge if, for each such extension, the 18 court determines probable cause is shown and additional time is 19 warranted. 20 6. The prosecuting authority shall serve the charging document or 21 amendment and the notice of proposed forfeiture as provided by the rules 22 of the court. 23 7. The court shall order the return of seized property to the owner if 24 the prosecuting authority does not file a charging document or a notice 25 of proposed forfeiture as provided by the court's rules, the period of 26 an extension expires, or the court does not grant an extension. 27 § 480.75 Notice of proposed forfeiture after indictment. 28 1. After the issuance of an indictment, the prosecuting authority 29 shall file with the court responsible for the criminal trial a notice of 30 proposed forfeiture. Such notice shall include the following informa- 31 tion: 32 (a) a description of the property seized; 33 (b) the time, date and place of the seizure; 34 (c) the seizure receipt number pursuant to subdivision two of section 35 480.35 of this article, if available; and 36 (d) a description of how the seized property was used in or derived 37 from the alleged crime. 38 2. The notice shall not to be read to any jury. 39 3. The prosecuting authority may allege, in the notice, the forfeiture 40 as a sanction related to the crime for which the defendant is charged, 41 as part of a sentencing consideration, or as other means to effectuate 42 the criminal forfeiture of the property. 43 4. Upon application of the prosecuting authority, the court may enter 44 a restraining order or injunction, or take other action to preserve the 45 availability of property only: 46 (a) upon the issuance of an indictment according to subdivision one of 47 this section; or 48 (b) prior to the issuance of an indictment, if the court determines 49 there is a substantial probability the state will prevail on the issue 50 of criminal forfeiture and that failure to enter the order will result 51 in property being destroyed, removed from the jurisdiction, or otherwise 52 made unavailable for forfeiture. 53 5. Any order entered pursuant to paragraph (b) of subdivision four of 54 this section shall be effective for not more than ninety days, unless 55 extended by the court for good cause shown or an indictment described byA. 1437 7 1 paragraph (a) of subdivision four of this section has been issued subse- 2 quently. 3 § 480.80 Discovery. 4 Discovery related to the forfeiture proceeding shall be subject to 5 procedures set forth pursuant to the criminal procedure law. 6 § 480.85 Trial, conviction, and standard of proof. 7 1. Property shall be forfeited if: 8 (a) the prosecuting authority secures a conviction of a crime that 9 authorizes the forfeiture of property; and 10 (b) the prosecuting authority establishes by clear and convincing 11 evidence the property is an instrumentality of or proceeds derived 12 directly from the crime for which the state secured a conviction. 13 2. After the defendant's conviction, the court shall hold the forfei- 14 ture proceeding at its discretion. Such proceeding shall be conducted by 15 the court without a jury. 16 3. Except as required by section 480.45 of this article, nothing in 17 this article shall prevent property from being forfeited as part of: 18 (a) a plea agreement; or 19 (b) a grant of immunity or reduced punishment, with or without the 20 filing of a criminal charge, in exchange for testifying or assisting a 21 law enforcement investigation or prosecution. 22 4. To effectuate the purposes of paragraph (b) of subdivision three of 23 this section, the parties may file a notice, under seal, with the court, 24 if the defendant is represented by counsel. If the defendant is not 25 represented by counsel, the prosecuting authority may file an ex parte 26 notice, under seal, with the court. Such notice shall advise the court 27 of the reason for granting immunity, reducing punishment or not filing a 28 charge. 29 5. The court may use the notice provided for in subdivision four of 30 this section in its consideration of an order to transfer title of the 31 property to the state and to dispose of the property pursuant to section 32 480.145 of this article. 33 § 480.90 Exceptions to the conviction requirement. 34 The court shall waive the conviction requirement and grant permanent 35 title of the property to the state if the prosecuting authority files a 36 motion no less than ninety days after seizure and shows by clear and 37 convincing evidence that, before conviction, the defendant: 38 1. died; 39 2. was deported by the United States government; 40 3. abandoned the property; or 41 4. fled the jurisdiction. 42 § 480.95 Proportionality. 43 1. The defendant may petition the court to determine, before or at 44 trial, whether the forfeiture is unconstitutionally excessive under the 45 state or federal constitution. 46 2. The defendant shall have the burden of establishing that the 47 forfeiture is unconstitutionally excessive by a preponderance of the 48 evidence at a hearing that shall be conducted by the court without a 49 jury. 50 3. In determining whether the forfeiture is unconstitutionally exces- 51 sive, the court shall consider all relevant factors including, but not 52 limited to: 53 (a) the seriousness of the crime and its impact on the community, 54 including the duration of the activity and harm caused by the defendant; 55 (b) the extent to which the defendant participated in the crime; 56 (c) the extent to which the property was used in committing the crime;A. 1437 8 1 (d) the sentence to be imposed for committing the crime; 2 (e) whether the crime was completed or attempted; 3 (f) the hardship to the defendant if the forfeiture of a motor vehicle 4 would deprive the defendant of the defendant's livelihood; and 5 (g) an unjust hardship from the loss of property to the defendant's 6 family members or others if the property is forfeited. 7 4. In determining the value of the instrumentality subject to forfei- 8 ture, the court shall consider all relevant factors related to the fair 9 market value of the property. 10 5. The court shall not consider the value of the property to the state 11 in determining whether the forfeiture is unconstitutionally excessive. 12 § 480.100 Secured interest holder. 13 1. Seized property encumbered by a security interest shall not be 14 forfeited. 15 2. The prosecuting authority shall return seized property to a secured 16 interest holder, other than the defendant or an innocent owner, up to 17 the value of such interest. Contraband shall not be returned. 18 3. If the seized property is not returned, the secured interest holder 19 may petition the court at any time before the court enters judgment in 20 the criminal prosecution or grants a motion under section 480.90 of this 21 article. The petition may include the seizure receipt number pursuant 22 to subdivision two of section 480.35 of this article, if available. 23 4. The court shall hear the petition within thirty days after its 24 filing or at the court's discretion. The hearing shall be held before 25 the court alone, without a jury. The court may consolidate the hearing 26 on the petition with any other hearing before the court in the case. 27 5. The secured interest holder shall establish by clear and convincing 28 evidence the validity of the security interest, mortgage, lien, lease- 29 hold, lease, rental agreement or other agreement. 30 6. If the secured interest holder alleges a valid interest but the 31 prosecuting authority seeks to proceed, the prosecuting authority shall 32 prove by clear and convincing evidence that: 33 (a) the interest is invalid; or 34 (b) the interest resulted from a fraudulent conveyance; or 35 (c) the secured interest holder consented to the use of the property 36 in the crime for which the defendant is charged. 37 7. If the prosecuting authority fails to meet its burden under subdi- 38 vision six of this section, the court shall order the state to relin- 39 quish claims to the property, up to the value of the interest, and 40 return the interest to the secured interest holder. 41 § 480.105 Innocent owner. 42 1. Seized property of an innocent owner shall not be forfeited. 43 2. The prosecuting authority shall return seized property to an inno- 44 cent owner. Contraband shall not be returned. 45 3. If the seized property is not returned, an innocent owner claimant 46 may petition the court at any time before the court enters judgment in 47 the criminal prosecution or grants a motion under section 480.90 of this 48 article. 49 4. The innocent owner claimant shall file with the court a simple 50 statement that sets forth: 51 (a) the claimant's right, title, or interest in the seized property; 52 (b) the time and circumstances of the claimant's acquisition of the 53 interest in the seized property; 54 (c) additional facts supporting the claimant's claim; 55 (d) the relief sought by the claimant; andA. 1437 9 1 (e) the seizure receipt number pursuant to subdivision two of section 2 480.35 of this article, if available. 3 5. The filing fee for the statement under this section shall be 4 waived. 5 6. The court shall hear the petition within thirty days after its 6 filing or at the court's discretion. The hearing shall be held before 7 the court alone without a jury. The court may consolidate the hearing on 8 the petition with any other hearing before the court in the case. 9 7. The claimant shall establish by clear and convincing evidence the 10 validity of the interest in the seized property. 11 8. If subdivision seven of this section is satisfied and the prosecut- 12 ing authority seeks to proceed, the prosecuting authority shall prove by 13 clear and convincing evidence the claimant is not an innocent owner 14 because: 15 (a) the claimant's interest in the seized property is invalid; 16 (b) the claimant had actual knowledge the seized property was used in 17 or derived directly from the crime for which the defendant is charged; 18 (c) the claimant was willfully blind to the crime for which the 19 defendant is charged; or 20 (d) the claimant was not a bona fide purchaser without notice of any 21 defect in title and for valuable consideration. 22 9. If the prosecuting authority fails to meet its burden in subdivi- 23 sion eight of this section, the court shall order the state to relin- 24 quish all claims and return the seized property to the innocent owner. 25 10. No information in the claimant's statement in subdivision four of 26 this section shall be used as evidence in the criminal portion of the 27 case. 28 11. Nothing in this section shall prohibit the claimant from providing 29 information to any party or testifying in any trial as to facts the 30 claimant knows. 31 12. The defendant or convicted offender may invoke the right against 32 self-incrimination or the marital privilege during the forfeiture 33 proceeding. The court may draw an adverse inference from the invocation 34 of such right or privilege. 35 § 480.110 Judgment. 36 1. If the prosecuting authority fails to meet its burden in the crimi- 37 nal or forfeiture proceeding, the court shall enter judgment dismissing 38 the forfeiture proceeding and ordering the return of seized property to 39 the rightful owner, unless the owner's possession of such property is 40 illegal. 41 2. If the prosecuting authority meets its burden in the criminal or 42 forfeiture proceeding, the court shall enter judgment forfeiting the 43 seized property. 44 3. A court may enter judgment following a hearing, pursuant to a stip- 45 ulation or plea agreement, or at the court's discretion. 46 § 480.115 Substitution of assets. 47 Upon the prosecuting authority's motion following conviction or at the 48 court's discretion, the court may order the forfeiture of substitute 49 property owned solely by the defendant up to the value of property that 50 is beyond the court's jurisdiction or cannot be located through due 51 diligence, only if the prosecuting authority proves by a preponderance 52 of the evidence that the defendant intentionally: 53 1. dissipated the property; 54 2. transferred, sold, or deposited property with a third party to 55 avoid forfeiture; 56 3. diminished substantially the value of property; orA. 1437 10 1 4. commingled property with other property that cannot be divided 2 without difficulty. 3 § 480.120 No additional remedies. 4 The prosecuting authority shall not seek personal money judgments or 5 other remedies related to the forfeiture of property not provided for by 6 this article. 7 § 480.125 No joint-and-several liability. 8 A defendant shall not be jointly and severally liable for forfeiture 9 awards owed by other defendants. When ownership is unclear, a court may 10 order each defendant to forfeit property on a pro rata basis or by 11 another means such court finds equitable. 12 § 480.130 Appeals. 13 1. A party to a forfeiture proceeding, other than the defendant, may 14 appeal the court's decision. 15 2. The defendant may appeal the court's decision regarding the seizure 16 or forfeiture of property following final judgment in the forfeiture 17 proceeding. 18 § 480.135 Attorney fees. 19 In any proceeding in which a seized property owner's claim prevails by 20 recovering at least half, by value, of such property or currency 21 claimed, the seizing law enforcement agency shall be liable for: 22 1. Reasonable attorney fees and other litigation costs incurred by the 23 claimant; 24 2. Post-judgment interest; and 25 3. In cases involving currency, other negotiable instruments, or the 26 proceeds of an interlocutory sale, any interest actually paid from the 27 date of seizure. 28 § 480.140 Return of property; damages and costs. 29 1. If the court orders the return of seized property, the law enforce- 30 ment agency that holds such property shall return such property to the 31 rightful owner within a reasonable period not to exceed five days after 32 the date of the order. 33 2. The rightful owner shall not be subject to any expenses related to 34 towing, storage or preservation of the seized property. 35 3. The law enforcement agency that holds the seized property shall be 36 responsible for any damages, storage fees, and related costs applicable 37 to property returned under this section. 38 § 480.145 Disposition of property and proceeds. 39 1. At any time when contraband is no longer needed as evidence, the 40 court may order it be destroyed pursuant to state law. 41 2. At any time when abandoned property or property seized from a 42 defendant who died, was deported or fled the jurisdiction is no longer 43 needed as evidence, the court may order it be sold. 44 3. If the forfeiture is granted, the court shall order the sale of 45 forfeited property other than currency. 46 4. The court may order forfeited currency and sale proceeds to: 47 (a) pay restitution to the victim related to the underlying criminal 48 offense; 49 (b) satisfy recorded liens, mortgages or filed security interests in 50 the forfeited property; 51 (c) pay reasonable costs for the towing, storage, maintenance, 52 repairs, advertising and sale, and other operating costs related to the 53 forfeited property; 54 (d) reimburse the seizing law enforcement agency for non-personnel 55 operating costs, including controlled-drug buy money, related to the 56 investigation of the underlying criminal offense;A. 1437 11 1 (e) be disbursed to the office of public safety to supplement existing 2 statewide grants; and 3 (f) be deposited in the state's general fund. 4 § 480.150 Sale restrictions. 5 No law enforcement agency shall sell forfeited property directly or 6 indirectly to any employee of such law enforcement agency, to a person 7 related to an employee by blood or marriage, or to another law enforce- 8 ment agency. 9 § 480.155 Preemption. 10 The provisions of this article shall preempt any local law to the 11 contrary which regulate civil and criminal forfeiture. 12 § 480.160 Limitation on federal adoption. 13 A law enforcement agency shall not offer for adoption any property 14 seized under state law, to a federal agency for the purpose of forfei- 15 ture under the federal Controlled Substances Act, or other federal law 16 unless such seized property includes United States currency that exceeds 17 twenty thousand dollars. 18 § 480.165 Limitation on state and federal joint task forces. 19 1. Except as permitted under subdivision two of this section, a joint 20 task force of a law enforcement agency and a federal agency shall trans- 21 fer seized property to the prosecuting authority for forfeiture liti- 22 gation under this article. 23 2. Such joint task force may transfer seized property to the federal 24 Department of Justice for forfeiture under federal law if such seized 25 property includes United States currency that exceeds twenty thousand 26 dollars. 27 3. A law enforcement agency shall be prohibited from accepting payment 28 or distribution of any kind from the federal government if the federal 29 government requires seized property that includes United States currency 30 less than twenty thousand dollars, as established under subdivision two 31 of this section, be transferred to the federal government for forfeiture 32 under federal law. 33 4. Nothing in subdivision one or two of this section shall be 34 construed to restrict a law enforcement agency from collaborating with a 35 federal agency to lawfully seize contraband or property such law 36 enforcement agency has probable cause to believe is subject to forfei- 37 ture. 38 5. Nothing in subdivision one or two of this section shall be 39 construed to prohibit the federal government, acting alone, from seizing 40 property and seeking forfeiture under federal law. 41 § 480.170 Guidance. 42 1. A prosecuting authority, after consulting with the responsible 43 United States Attorney, may establish guidelines for joint task forces 44 and multijurisdictional collaboration in such prosecuting authority's 45 jurisdiction. 46 2. The office of public safety, from time to time, shall publish on 47 its public website best practices and shall offer training on seizure 48 and forfeiture pursuant to this article. 49 § 480.175 Severability. 50 If any clause, sentence, paragraph, section or part of this article 51 shall be adjudged by any court of competent jurisdiction to be invalid 52 and after exhaustion of all further judicial review, the judgment shall 53 not affect, impair or invalidate the remainder thereof, but shall be 54 confined in its operation to the clause, sentence, paragraph, section or 55 part of this article directly involved in the controversy in which the 56 judgment shall have been rendered.A. 1437 12 1 § 3. Subdivision 4 of section 690.10 of the criminal procedure law, as 2 amended by chapter 612 of the laws of 1994, is amended and a new subdi- 3 vision 5 is added to read as follows: 4 4. Constitutes evidence or tends to demonstrate that an offense was 5 committed in this state or another state, or that a particular person 6 participated in the commission of an offense in this state or another 7 state, provided however, that if such offense was against the laws of 8 another state, the court shall only issue a warrant if the conduct 9 comprising such offense would, if occurring in this state, constitute a 10 felony against the laws of this state[.]; or 11 5. As otherwise provided under article four hundred eighty of the 12 penal law. 13 § 4. Paragraph (a) of subdivision 1 of section 690.55 of the criminal 14 procedure law is amended to read as follows: 15 (a) Retain it in the custody of the court pending further disposition 16 thereof pursuant to subdivision two of this section, by article four 17 hundred eighty of the penal law, or some other provision of law; or 18 § 5. This act shall take effect on the first of November next succeed- 19 ing the date on which it shall have become a law.
