Bill > A01437

This bill enacts the "Criminal Forfeiture Process Act", which establishes a comprehensive new legal framework for criminal property forfeiture in New York State. The bill replaces existing forfeiture laws with a detailed set of provisions designed to deter criminal activity, confiscate property used in crimes, and protect the due process rights of property owners. Key provisions include limiting forfeiture to specific serious felonies (such as drug offenses, prostitution, and driving under the influence), requiring a criminal conviction before most property can be forfeited, and establishing clear protections for innocent owners and secured interest holders. The bill mandates that forfeiture proceedings must prove by "clear and convincing evidence" that property was used in or derived directly from a crime, and allows property owners to challenge forfeitures through specific legal mechanisms. Additionally, the bill places restrictions on law enforcement's ability to transfer seized property to federal agencies and requires detailed guidelines for how forfeited property and proceeds can be used, such as paying victim restitution, satisfying liens, or supporting public safety grants. The law is designed to make the forfeiture process more transparent, equitable, and focused on serious criminal activities while preventing arbitrary seizures of property.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A1437