A 6335: Relates to asset forfeiture.

  
  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.