N.Y. General Municipal Law § 6-v: Asset forfeiture escrow fund

§ 6-v. Asset forfeiture escrow fund. 1. As used in this section:

a. The term "governing board", insofar as it is used in reference to a

village, shall mean the board of trustees thereof; insofar as it is used

in reference to a town, shall mean the town board thereof; insofar as it

is used in reference to a county, shall mean the board of supervisors or

the county legislature thereof, as applicable; insofar as it is used in

reference to a city, shall mean the "legislative body" thereof, as that

term is defined in subdivision seven of section two of the municipal

home rule law.

b. The term "chief fiscal officer" shall mean:

(i) In the case of counties operating under (1) an alternative form of

county government or charter enacted as a state statute or adopted under

the alternative county government law or by local law, the official

designated in such statute, consolidated law or local law as the chief

fiscal officer, or, if no such designation is made therein, the official

possessing powers and duties similar to those of a county treasurer

under the county law as shall be designated by local law.

(2) In the case of counties not operating under an alternative form of

county government or charter enacted as a state statute or adopted under

the alternative county government law or by local law, the treasurer,

except that, in the case of counties having a comptroller, it shall mean

the comptroller.

(ii) In the case of cities, the comptroller; if a city does not have a

comptroller, the treasurer; if a city has neither a comptroller nor a

treasurer, such official possessing powers and duties similar to those

of a city treasurer as the finance board shall, by resolution,

designate. A certified copy of such designation shall be filed with the

state comptroller and shall be a public record.

(iii) In the case of towns, the town supervisor; if a town has more

than one supervisor, the presiding supervisor.

(iv) In the case of villages, the village treasurer.

c. The term "claiming authority" shall mean the district attorney

having jurisdiction over the offense or the attorney general for purpose

of those crimes for which the attorney general has criminal jurisdiction

in a case where the underlying criminal charge has been, is being or

could have been brought by the attorney general, or the appropriate

corporation counsel or county attorney, where such corporation counsel

or county attorney may act as a claiming authority only with the consent

of the district attorney or the attorney general, as appropriate.

d. The term "claiming agent" shall mean and shall include all persons

described in subdivision thirty-four of section 1.20 of the criminal

procedure law, and sheriffs, undersheriffs and deputy sheriffs of

counties within the city of New York.

2. The governing board shall authorize the establishment of an asset

forfeiture escrow fund for any claiming agent or claiming authority as

is deemed necessary for the monies and proceeds of sale of property

realized as a consequence of any forfeiture. The separate identity of

such fund shall be maintained.

3. There shall be paid into the asset forfeiture escrow fund all

proceeds realized as a consequence of any forfeiture action. Such funds

shall include, but are not limited to, all funds and any property (real,

personal, tangible and/or intangible) that are forfeited pursuant to

agreement or otherwise prior to, in lieu of or after the lodging of

criminal charges, pre-indictment, post-indictment, or after conviction

by plea or trial. Such funds shall also include funds that are forfeited

in compromise of charges that are never brought.

4. The monies and proceeds in the asset forfeiture escrow fund shall

be deposited and secured in the manner provided by section ten of this

article. All monies and proceeds so deposited in such fund shall be kept

in a separate bank account. The chief fiscal officer may invest the

moneys in such fund in the manner provided in section eleven of this

article. Any interest earned or capital gains realized on the moneys so

deposited or invested shall accrue to and become part of such fund. The

separate identity of such fund shall be maintained, whether its assets

consist of cash, investments, or both.

5. Every claim for the payment of money from the asset forfeiture

escrow fund shall specify the purpose of the requested payment and must

be accompanied by a written certification that the expenditure is in

compliance with all applicable laws. Payments from such fund shall be

made by the chief fiscal officer subject to the required certification

and the determination of fund sufficiency.

6. The chief fiscal officer, at the termination of each fiscal year,

shall render a detailed report of the operation and condition of the

asset forfeiture escrow fund to the governing board and the state

comptroller. Such report shall be subject to examination and audit. The

chief fiscal officer may account for such fund separate and apart from

all other funds of the village, town, county, and city.