NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2743
SPONSOR: Peoples-Stokes TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to asset
forfeiture
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to increase funding for substance use disor-
der treatment services in order to save lives.
SUMMARY OF PROVISIONS:
Section 1 of this bill would amend subdivision 2 of section 1349 of the
civil practice law and rules by requiring that the chemical dependence
service fund be prioritized to receive their portion of any monies
forfeited prior to any moneys paid for investigation, preparation and
litigation of the forfeiture action, or for moneys paid protecting,
maintaining and forfeiting the property.
Section 2 of the bill would make this act effective immediately.
JUSTIFICATION:
The overdose crisis has affected people from all walks of life regard-
less of ethnicity, education, gender or income. This legislation will
increase the amount of money available for the chemical dependence
service fund. These funds are utilized by the Office of Addiction
Services and Supports to provide support for providers as well as local
school-based and community programs that also provide chemical depend-
ence prevention and education services. It is imperative that are youth
are educated about the dangers associated with abuse and misuse of
drugs, and that providers have adequate funds to serve those suffering
from addiction.
PRIOR LEGISLATIVE HISTORY:
A10055 of 2013/2014
A2717 of 2015/2016
A2254 of 2017/2018
A7012 of 2019/2020
A4934 of 2021/2022
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
2743
2023-2024 Regular Sessions
IN ASSEMBLY
January 27, 2023
___________
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.
LBD01792-01-3
A. 2743 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.
