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NY S05885

Bill

Official Source

Status

Introduced

3/3/2025

Primary Sponsor

Andrew Lanza

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Authorizes peace officers and police officers to seize and forfeit any vehicle, vessel, or aircraft used in trafficking counterfeit goods (violations of Penal Law sections 165.71, 165.72, or 165.73)
  • Exempts common carriers using vehicles, vessels, or aircraft in the regular transaction of business from seizure and forfeiture
  • Requires seized property to be delivered to the district attorney, who must initiate forfeiture proceedings in supreme court at least 30 days after seizure if probable cause exists
  • Provides affirmative defenses against forfeiture if owners prove the illegal use was not intentional or that the property was stolen when used for counterfeit goods trafficking
  • Allows forfeited property to be retained for official use or sold at public auction, with net proceeds going to the county general fund
  • Establishes a two-year statute of limitations for wrongful seizure lawsuits

Legislative Description

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods; establishes this shall not apply to vehicles, vessels, or aircrafts that are used by any person as a common carrier in the transaction of business as such common carrier.

Last Action

REFERRED TO CODES

1/7/2026

Committee Referrals

Codes3/3/2025

Full Bill Text

No bill text available