NY S04521

Replaces New York's existing forfeiture law with a criminal-only forfeiture system, eliminating civil forfeiture entirely and requiring a criminal conviction before property can be permanently forfeited to the state

Limits forfeiture to specific felony offenses: controlled substance crimes, cannabis offenses, prostitution, DUI involving drugs or alcohol, and property seized during hot pursuit of felony suspects

Establishes minimum thresholds exempt from seizure: currency of $200 or less and motor vehicles worth less than $2,000 cannot be seized; federal adoption of seized property is prohibited unless currency exceeds $20,000

Requires prosecutors to prove by clear and convincing evidence that property is an instrumentality of or directly derived from the crime; protects innocent owners and secured interest holders from forfeiture

Mandates prompt post-seizure hearings, prohibits law enforcement from requesting property waivers, requires return of property within 5 days if forfeiture fails, and makes seizing agencies liable for attorney fees if owners recover at least half their claimed property