Permits civil forfeiture action to recover property used in or proceeds derived from criminal activity relating to sexual performances by a child; directs proceeds be used by local social services offices for the prevention and treatment of sexual abuses against children.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6175
SPONSOR: DiPietro TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to forfei-
ture of the proceeds of a felony related to a sexual performance by a
child
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires forfeiture of certain property by certain individuals
convicted of promoting sexual performances by a child. The state may
confiscate any and all materials or equipment used, or intended for use,
in committing a sexual offense; any property derived from gross profits
or proceeds obtained from promoting a sexual performance by a child.
SUMMARY OF PROVISIONS:
Amends sections 1310 of the civil practice law and rules.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Click here to enter text.
JUSTIFICATION:
In 1986 U.S. Attorney General Commission on Pornography issued its
report. It recommended, among other things, a civil forfeiture statue.
This legislation would embody this recommendation. The proceeds of
sales and unsold property would be used to train law enforcement offi-
cials and create treatment programs for victims. This bill was intro-
duced based upon recommendations from the 1986 U.S. Attorneys General
Commission on Pornography and the February 1989 report from the National
Center for Missing Children.
PRIOR LEGISLATIVE HISTORY:
A.0521 2019-2020
A.4559 of 2017-18
A.3651 of 2015-16
A.6472 of 2012-13
A6016 of 2011-12
A6614 of 2009-10
A4884 of 2007-08
A6325 of 2005-06
A3651 of 2003-04
A4474 of 2001-02
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Added revenue to the State
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
STATE OF NEW YORK
________________________________________________________________________
6175
2023-2024 Regular Sessions
IN ASSEMBLY
April 3, 2023
___________
Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the civil practice law and rules, in relation to forfei-
ture of the proceeds of a felony related to a sexual performance by a
child
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (g) and the opening paragraph of paragraph (h) of
2 subdivision 2 of section 1349 of the civil practice law and rules, para-
3 graph (g) as amended by chapter 398 of the laws of 2004 and the opening
4 paragraph of paragraph (h) as added by chapter 655 of the laws of 1990,
5 are amended to read as follows:
6 (g) [Forty] Except as otherwise provided in paragraph (i) of this
7 subdivision, forty percent of all moneys realized through forfeiture
8 which are remaining after distributions pursuant to paragraphs (a)
9 through (f) of this subdivision, to the chemical dependence service fund
10 established pursuant to section ninety-seven-w of the state finance law;
11 [All] Except as otherwise provided in paragraph (i) of this subdivi-
12 sion, all moneys remaining after distributions pursuant to paragraphs
13 (a) through (g) of this subdivision shall be distributed as follows:
14 § 2. Subdivision 2 of section 1349 of the civil practice law and rules
15 is amended by adding a new paragraph (i) to read as follows:
16 (i) When the forfeiture was based upon a post-conviction crime or
17 pre-conviction crime, defined in article two hundred sixty-three of the
18 penal law, all moneys which are remaining after distributions pursuant
19 to paragraphs (a) through (f) of this subdivision, in equal amounts to
20 the claiming agent, claiming authority and the local social services
21 office located within the jurisdiction of the claiming authority for the
22 following uses and purposes:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07543-01-3
A. 6175 2
1 (i) to improve training of personnel and to establish, operate and
2 improve community-based multi-disciplinary approaches to address the
3 problem of child sexual molestation;
4 (ii) to conduct training on child sexual exploitation and other sexual
5 molestation of children for other professionals who come in contact with
6 children;
7 (iii) to prevent the sexual molestation of children; and
8 (iv) to fund treatment programs for sexually victimized children.
9 § 3. This act shall take effect on the first of January next succeed-
10 ing the date on which it shall have become a law.
