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.
STATE OF NEW YORK
________________________________________________________________________
3651
2015-2016 Regular Sessions
IN ASSEMBLY
January 27, 2015
___________
Introduced by M. of A. DiPIETRO, KOLB -- Multi-Sponsored by -- M. of A.
DUPREY, OAKS, TENNEY -- read once and referred to the Committee 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. Subdivision 6 of section 1310 of the civil practice law and
2 rules, as added by chapter 669 of the laws of 1984, is amended to read
3 as follows:
4 6. "Pre-conviction forfeiture crime" means only a felony defined in
5 article two hundred twenty or two hundred sixty-three, or section 221.30
6 or 221.55 of the penal law.
7 § 2. Paragraph (g) and the opening paragraph of paragraph (h) of
8 subdivision 2 of section 1349 of the civil practice law and rules, para-
9 graph (g) as amended by chapter 398 of the laws of 2004 and the opening
10 paragraph of paragraph (h) as added by chapter 655 of the laws of 1990,
11 are amended to read as follows:
12 (g) [Forty] Except as otherwise provided in paragraph (i) of this
13 subdivision, forty percent of all moneys realized through forfeiture
14 which are remaining after distributions pursuant to paragraphs (a)
15 through (f) of this subdivision, to the chemical dependence service fund
16 established pursuant to section ninety-seven-w of the state finance law;
17 [All] Except as otherwise provided in paragraph (i) of this subdivi-
18 sion, all moneys remaining after distributions pursuant to paragraphs
19 (a) through (g) of this subdivision shall be distributed as follows:
20 § 3. Subdivision 2 of section 1349 of the civil practice law and rules
21 is amended by adding a new paragraph (i) to read as follows:
22 (i) When the forfeiture was based upon a post-conviction crime or
23 pre-conviction crime, defined in article two hundred sixty-three of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07845-01-5
A. 3651 2
1 penal law, all moneys which are remaining after distributions pursuant
2 to paragraphs (a) through (f) of this subdivision, in equal amounts to
3 the claiming agent, claiming authority and the local social services
4 office located within the jurisdiction of the claiming authority for the
5 following uses and purposes:
6 (i) to improve training of personnel and to establish, operate and
7 improve community-based multi-disciplinary approaches to address the
8 problem of child sexual molestation;
9 (ii) to conduct training on child sexual exploitation and other sexual
10 molestation of children for other professionals who come in contact with
11 children;
12 (iii) to prevent the sexual molestation of children; and
13 (iv) to fund treatment programs for sexually victimized children.
14 § 4. This act shall take effect on the first of January next succeed-
15 ing the date on which it shall have become a law.
