§ 6-V — Asset forfeiture escrow fund

New York § 6-V

• Jurisdiction: New York
• Law GMU: General Municipal
• Art. 2: General Municipal Finances

Text

§ 6-v. Asset forfeiture escrow fund. 1. As used in this section:\n a. The term "governing board", insofar as it is used in reference to a\nvillage, shall mean the board of trustees thereof; insofar as it is used\nin reference to a town, shall mean the town board thereof; insofar as it\nis used in reference to a county, shall mean the board of supervisors or\nthe county legislature thereof, as applicable; insofar as it is used in\nreference to a city, shall mean the "legislative body" thereof, as that\nterm is defined in subdivision seven of section two of the municipal\nhome rule law.\n b. The term "chief fiscal officer" shall mean:\n (i) In the case of counties operating under (1) an alternative form of\ncounty government or charter enacted as a state statute or adopted under\nthe alternative county government law or by local law, the official\ndesignated in such statute, consolidated law or local law as the chief\nfiscal officer, or, if no such designation is made therein, the official\npossessing powers and duties similar to those of a county treasurer\nunder the county law as shall be designated by local law.\n (2) In the case of counties not operating under an alternative form of\ncounty government or charter enacted as a state statute or adopted under\nthe alternative county government law or by local law, the treasurer,\nexcept that, in the case of counties having a comptroller, it shall mean\nthe comptroller.\n (ii) In the case of cities, the comptroller; if a city does not have a\ncomptroller, the treasurer; if a city has neither a comptroller nor a\ntreasurer, such official possessing powers and duties similar to those\nof a city treasurer as the finance board shall, by resolution,\ndesignate. A certified copy of such designation shall be filed with the\nstate comptroller and shall be a public record.\n (iii) In the case of towns, the town supervisor; if a town has more\nthan one supervisor, the presiding supervisor.\n (iv) In the case of villages, the village treasurer.\n c. The term "claiming authority" shall mean the district attorney\nhaving jurisdiction over the offense or the attorney general for purpose\nof those crimes for which the attorney general has criminal jurisdiction\nin a case where the underlying criminal charge has been, is being or\ncould have been brought by the attorney general, or the appropriate\ncorporation counsel or county attorney, where such corporation counsel\nor county attorney may act as a claiming authority only with the consent\nof the district attorney or the attorney general, as appropriate.\n d. The term "claiming agent" shall mean and shall include all persons\ndescribed in subdivision thirty-four of section 1.20 of the criminal\nprocedure law, and sheriffs, undersheriffs and deputy sheriffs of\ncounties within the city of New York.\n 2. The governing board shall authorize the establishment of an asset\nforfeiture escrow fund for any claiming agent or claiming authority as\nis deemed necessary for the monies and proceeds of sale of property\nrealized as a consequence of any forfeiture. The separate identity of\nsuch fund shall be maintained.\n 3. There shall be paid into the asset forfeiture escrow fund all\nproceeds realized as a consequence of any forfeiture action. Such funds\nshall include, but are not limited to, all funds and any property (real,\npersonal, tangible and/or intangible) that are forfeited pursuant to\nagreement or otherwise prior to, in lieu of or after the lodging of\ncriminal charges, pre-indictment, post-indictment, or after conviction\nby plea or trial. Such funds shall also include funds that are forfeited\nin compromise of charges that are never brought.\n 4. The monies and proceeds in the asset forfeiture escrow fund shall\nbe deposited and secured in the manner provided by section ten of this\narticle. All monies and proceeds so deposited in such fund shall be kept\nin a separate bank account. The chief fiscal officer may invest the\nmoneys in such fund in the manner provided in section eleven of this\narticle. Any interest earned or capital gains realized on the moneys so\ndeposited or invested shall accrue to and become part of such fund. The\nseparate identity of such fund shall be maintained, whether its assets\nconsist of cash, investments, or both.\n 5. Every claim for the payment of money from the asset forfeiture\nescrow fund shall specify the purpose of the requested payment and must\nbe accompanied by a written certification that the expenditure is in\ncompliance with all applicable laws. Payments from such fund shall be\nmade by the chief fiscal officer subject to the required certification\nand the determination of fund sufficiency.\n 6. The chief fiscal officer, at the termination of each fiscal year,\nshall render a detailed report of the operation and condition of the\nasset forfeiture escrow fund to the governing board and the state\ncomptroller. Such report shall be subject to examination and audit. The\nchief fiscal officer may account for such fund separate and apart from\nall other funds of the village, town, county, and city.\n