Bill > S04521

This bill enacts the "Criminal Forfeiture Process Act," which establishes a comprehensive and detailed framework for how law enforcement can seize and potentially forfeit property connected to certain criminal offenses. The bill applies specifically to felony offenses involving controlled substances, prostitution, driving under the influence, and arrests following a felony pursuit. Key provisions include requiring a criminal conviction before property can be forfeited, protecting the rights of innocent owners and secured interest holders, and establishing clear procedures for seizure, notice, and hearings. The bill emphasizes due process by requiring clear and convincing evidence for forfeiture, allowing property owners to challenge seizures, and requiring courts to consider proportionality when evaluating forfeitures. Notably, the bill limits forfeitures to property directly involved in or derived from crimes, prohibits civil forfeiture, restricts law enforcement's ability to transfer seized property to federal agencies, and provides mechanisms for returning property to rightful owners. The legislation also specifies how forfeited property and proceeds can be used, such as paying victim restitution, covering investigation costs, or being deposited in the state's general fund. The bill aims to balance law enforcement's interests in deterring criminal activity with protecting property owners' constitutional rights.

Budget and Finance, Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S4521