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.
Summary
Bill S05885 amends the penal law to establish provisions for the seizure and forfeiture of vehicles, vessels, and aircraft used in the trafficking of counterfeit goods. Under this bill, law enforcement officers are empowered to seize such property if it is used in violation of specific sections of the penal law related to counterfeit goods. The bill outlines the process for seizure, the responsibilities of district attorneys regarding forfeiture proceedings, and the rights of property owners to contest the forfeiture.
Impact
The bill introduces new legal mechanisms for the enforcement against counterfeit goods in New York, specifically targeting the vehicles, vessels, and aircraft used in these illegal activities. It establishes a clear process for the seizure and potential forfeiture of such property, while also providing protections for innocent owners. This could lead to increased enforcement actions against counterfeit operations and may deter the use of such vehicles in illegal activities.
Sentiment
The sentiment around Bill S05885 appears to be generally supportive, as it aims to strengthen the state's ability to combat counterfeit goods. However, there may be concerns regarding the implications for property rights and the potential for wrongful seizures, which could lead to discussions about the balance between enforcement and individual rights.
Contention
Notable points of contention may arise regarding the definition of 'common carrier' and the protections afforded to innocent owners of seized property. Some stakeholders may argue that the bill could lead to overreach in law enforcement and unintended consequences for legitimate businesses that may inadvertently be caught up in forfeiture actions. There may also be concerns about the adequacy of the safeguards for property owners against wrongful seizure.
Same As
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.
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.
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.
Amends existing law to provide that the State Controller shall publish a list of asset forfeitures and to provide that law enforcement shall report asset forfeiture information to the State Controller.
STATE CONTROLLER – Amends existing law to provide that the State Controller shall publish a list of asset forfeitures and to provide that law enforcement shall report asset forfeiture information to the State Controller.
Concerning procedures relating to state action resulting in the relinquishment of private property, and, in connection therewith, making an appropriation.