Bill > S05885

This bill establishes a new legal framework for seizing and forfeiting vehicles, vessels, and aircraft used in the production or distribution of counterfeit goods. Specifically, law enforcement officers (peace officers or police officers) can seize such vehicles if they are used in violation of specific existing laws about counterfeiting (sections 165.71, 165.72, or 165.73). The seized property must be delivered to the county's district attorney, who will investigate the circumstances and potentially initiate forfeiture proceedings. Importantly, the bill explicitly excludes vehicles used by common carriers in their normal business operations from these seizure provisions. The bill outlines a detailed process for forfeiture, including notification requirements, opportunities for owners to contest the seizure, and guidelines for what happens to the seized property after forfeiture. Owners can avoid forfeiture by proving that the illegal use was unintentional or that the property was used without their knowledge by someone who illegally possessed it. If forfeited, the property can either be retained by law enforcement for official use or sold at public auction, with proceeds going to the county's general fund. The bill also provides a mechanism for property owners to petition for the return of their seized property under certain conditions, and it includes a two-year statute of limitations for wrongful seizure suits.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S5885