NY Veh & Traf L § 511-C (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 5 - Drivers' Licenses Article 20 - Suspension and Revocation 511-C - Seizure and Forfeiture of Vehicles Used in the Unlicensed Operation of a Motor Vehicle Under Certain Circumstances.

§ 511-c. Seizure  and  forfeiture  of  vehicles used in the unlicensed operation of a motor  vehicle  under  certain  circumstances.    1.  For purposes of this section:  (a)  The  term  "owner"  shall mean an owner as defined in section one hundred twenty-eight and in subdivision three of section  three  hundred eighty-eight of this chapter.  (b)  The  term  "security  interest" shall mean a security interest as defined in subdivision (k) of section two thousand one  hundred  one  of this chapter.  (c)  The  term "termination of the criminal proceeding" shall mean the earliest of (i) thirty-one days following the imposition of sentence; or (ii) the date of acquittal of a person arrested for an offense; or (iii) where leave to file new charges or to resubmit the case to a  new  grand jury is required and has not been granted, thirty-one days following the dismissal  of  the  last accusatory instrument filed in the case, or, if applicable, upon  expiration  of  the  time  granted  by  the  court  or permitted  by statute for filing new charges or resubmitting the case to a new grand jury; or (iv) where leave to file new charges or to resubmit the case to a new grand jury is not required, thirty-one days  following the  dismissal  of the last accusatory instrument filed in the case, or, if applicable, upon expiration of the  time  granted  by  the  court  or permitted  by statute for filing new charges or resubmitting the case to a new grand jury; or (v) six months from the issuance of an "adjournment in contemplation of dismissal" order pursuant to section 170.55  of  the criminal  procedure  law,  where the case is not restored to the court's calendar within the applicable six-month period; or (vi) the date  when, prior  to  the  filing  of  an  accusatory  instrument  against a person arrested for  an  offense,  the  prosecuting  authority  elects  not  to prosecute such person.   2.  Any  motor vehicle which has been or is being used in violation of paragraph (a) of subdivision three of section  five  hundred  eleven  of this  article may be seized by any peace officer, acting pursuant to his or her special duties, or police officer, and forfeited  as  hereinafter provided in this section.   3.  A vehicle may be seized upon service of a notice of violation upon the owner or operator of a vehicle. The seized motor  vehicle  shall  be delivered  by  the officer having made the seizure to the custody of the district attorney of the county wherein the  seizure  was  made,  except that  in  the  cities  of  New  York, Yonkers, Rochester and Buffalo the seized motor vehicle shall be delivered to the  custody  of  the  police department  of  such cities and such motor vehicle seized by a member or members of the state police shall be delivered to  the  custody  of  the superintendent  of state police, together with a report of all the facts and circumstances of the seizure. Within  one  business  day  after  the seizure,  notice of such violation and a copy of the notice of violation shall be mailed to the owner of such vehicle at  the  address  for  such owner  set  forth  in  the records maintained by the department of motor vehicles or, for  vehicles  not  registered  in  New  York  state,  such equivalent record in such state of registration.   4.  (a)  The  attorney  general  in  seizures  by members of the state police, or the district attorney of the county wherein  the  seizure  is made, if elsewhere than in the cities of New York, Yonkers, Rochester or Buffalo,  or  where  the seizure is made in such cities, the corporation counsel of the city shall inquire into  the  facts  of  the  seizure  so reported  to  him  or  her.  If it appears that there is a basis for the commencement and prosecution of a forfeiture proceeding pursuant to this section, any such forfeiture proceeding shall be  commenced  in  supreme court  not later than twenty days after the date of receipt of a written  demand by a person claiming ownership of the motor  vehicle  accompanied by  the  documentation  required  to  be  presented  upon release of the vehicle pursuant to subparagraphs (i), (ii), and (iv) of  paragraph  (a) of subdivision five of this section.  (b) Where forfeiture proceedings are commenced and prosecuted pursuant to  this  section,  the  motor  vehicle  which  is  the  subject of such proceedings shall remain in  the  custody  of  such  district  attorney, police  department  or  superintendent  of  state police, as applicable, pending the final determination of such proceedings.  (c) To the extent applicable, the procedures of article thirteen-A  of the  civil  practice  law and rules shall govern proceedings and actions under this section.   5. A motor vehicle seized pursuant to this section shall  be  released when:  (a)  (i)  Such  attorney  general,  district  attorney  or corporation counsel has made a determination not to institute forfeiture proceedings pursuant to this section or the time period within  which  a  forfeiture proceeding  could  have  been  commenced  pursuant  to  this section has elapsed and no such forfeiture proceeding was commenced or the  criminal proceeding  has  been  terminated in favor of the accused, as defined in subdivision three of section 160.50 of the criminal procedure law; and  (ii) The person seeking to  claim  the  motor  vehicle  has  furnished satisfactory evidence of registration and financial security and, if the person  was  the operator of the vehicle at the time of the violation of paragraph (a) of subdivision three of section  five  hundred  eleven  of this article, satisfactory evidence of payment of any fines or penalties imposed in connection therewith; and  (iii)  Payment  has  been made for the reasonable costs of removal and storage of the motor vehicle. The owner of the motor  vehicle  shall  be responsible  for  such  payment provided, however, that if he or she was not the operator at the time of the offense, such person  shall  have  a cause  of  action  against  such operator to recover such costs. Payment prior to release of the motor vehicle shall not  be  required  in  cases where  the  seized motor vehicle was stolen or rented or leased pursuant to a written agreement for a period of thirty days or less, however  the operator  of  such  a  motor  vehicle  shall  be liable for the costs of removal and storage of the motor vehicle to any  entity  rendering  such service; and  (iv)  If  the motor vehicle is held as evidence, the person seeking to claim the motor vehicle has presented a  release  from  the  prosecuting authority providing that the motor vehicle is not needed as evidence.  (b)  (i)  Pending completion of forfeiture proceedings which have been commenced, the person seeking to claim the motor vehicle  has  posted  a bond  in a form satisfactory to such attorney general, district attorney or corporation counsel in an amount that  shall  not  exceed  an  amount sufficient  to  cover  the maximum fines or civil penalties which may be imposed for the violation underlying  the  seizure  and  all  reasonable costs for removal and storage of such vehicle; and  (ii)  The  persons  seeking  to  claim the motor vehicle has furnished satisfactory evidence of registration and financial security.   6. Where a demand for the return of a motor vehicle is not made within ninety days after the termination of  the  criminal  proceeding  founded upon the charge of aggravated unlicensed operation of a motor vehicle in the  first  degree,  such motor vehicle shall be deemed to be abandoned. Such vehicle shall be disposed of by the county,  cities  of  New  York, Yonkers, Rochester or Buffalo or the state, as applicable, in accordance with  section twelve hundred twenty-four of this chapter or as otherwise provided by law.    7. Notice of the institution of the  forfeiture  proceeding  shall  be served:  (a)  By  personal service pursuant to the civil practice law and rules upon all owners of the  seized  motor  vehicle  listed  in  the  records maintained by the department, or for vehicles not registered in New York state, in the records maintained by the state of registration; and  (b)  By  first  class mail upon all individuals who have notified such attorney general, district attorney or corporation counsel that they are an owner of the vehicle and upon all persons holding a security interest in such motor vehicle which security interest has been  filed  with  the department  pursuant  to the provisions of title ten of this chapter, at the address set forth in the records of such department,  or  for  motor vehicles  not  registered  in  New  York  state,  all  persons holding a security interest in such motor vehicle which security interest has been filed with such state of registration, at the address provided  by  such state of registration.   8.  Any  owner  who receives notice of the institution of a forfeiture action who claims an interest in the motor vehicle subject to forfeiture shall  assert  a  claim  for  the  recovery  of  the  motor  vehicle  or satisfaction   of   the  owner's  interest  in  such  motor  vehicle  by intervening in the forfeiture action in accordance with subdivision  (a) of  section one thousand twelve of the civil practice law and rules. Any person with a security interest in such vehicle who receives  notice  of the  institution  of  the forfeiture action shall assert a claim for the satisfaction of such person's  security  interest  in  such  vehicle  by intervening  in the forfeiture action in accordance with subdivision (a) of section one thousand twelve of the civil practice law and rules.   If the  action  relates  to  a vehicle in which a person holding a security interest has intervened pursuant to this subdivision, the  burden  shall be  upon  the  designated  official  to  prove  by  clear and convincing evidence that such intervenor knew that such vehicle  was  or  would  be used for the commission of a violation of subparagraph (ii) of paragraph (a)  of  subdivision three of section five hundred eleven of the vehicle and traffic law and either (a) knowingly and unlawfully benefitted  from such conduct or (b) voluntarily agreed to the use of the vehicle for the commission  of  such  violation by consent freely given. For purposes of this subdivision, such intervenor  knowingly  and  unlawfully  benefited from the commission of such violation when he or she derived in exchange for permitting the use of such vehicle by a person or persons committing such  specified violation a substantial benefit that would otherwise not have accrued as a result of the lawful use of  such  vehicle.  "Benefit" means  benefit  as  defined in subdivision seventeen of section 10.00 of the penal law.   9. No motor vehicle shall be  forfeited  under  this  section  to  the extent  of  the interest of a person who claims an interest in the motor vehicle, where such person pleads and proves that:  (a) The use of such motor vehicle for the conduct that was  the  basis for  a seizure occurred without the knowledge of such person, or if such person had knowledge of such use, without the consent  of  such  person, and that such person did not knowingly obtain such interest in the motor vehicle in order to avoid the forfeiture of such vehicle; or  (b)  The  conduct that was the basis for such seizure was committed by any person other than such person claiming  an  interest  in  the  motor vehicle,  while such motor vehicle was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States or any state.    10. The court in which a forfeiture action is pending may dismiss said action in the interests of justice  upon  its  own  motion  or  upon  an application as provided for herein.  (a)  At  any  time  during  the  pendency  of a forfeiture action, the designated official who instituted the action, or a defendant may  apply for  an  order  dismissing  the complaint and terminating the forfeiture action in the interest of justice.  (b) Such application for the relief provided in paragraph (a) of  this subdivision  must be made in writing and upon notice to all parties. The court may, in its discretion, direct that notice be given to  any  other person having an interest in the property.  (c)  An  application  for  the relief provided for in paragraph (a) of this subdivision must be brought exclusively in the  superior  court  in which the forfeiture action is pending.  (d)  The  court may grant the relief provided in paragraph (a) of this subdivision if it finds that such relief is warranted by  the  existence of  some  compelling factor, consideration or circumstance demonstrating that forfeiture of the property or any part thereof, would not serve the ends of justice. Among the factors, considerations and circumstances the court may consider, among others, are:  (i) the seriousness and  circumstances  of  the  crime  to  which  the property  is  connected relative to the impact of forfeiture of property upon the person who committed the crime; or  (ii) the adverse impact of a  forfeiture  of  property  upon  innocent persons.  (e)  The  court must issue a written decision stating the basis for an order issued pursuant to this subdivision.   11. The district attorney,  police  department  or  superintendent  of state  police  having  custody  of  the seized motor vehicle, after such judicial determination of forfeiture, shall, by a public  notice  of  at least twenty days, sell such forfeited motor vehicle at public sale. The net  proceeds  of  any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein  the seizure  was  made, provided, however, that the net proceeds of the sale of a motor vehicle seized in the cities of New York, Yonkers,  Rochester and  Buffalo  shall  be  paid  into the respective general funds of such cities, and provided further that the net proceeds  of  the  sale  of  a motor  vehicle  seized  by the state police shall be paid into the state police seized assets account.   12. In any action commenced pursuant to this section, where the  court awards  a  sum  of  money to one or more persons in satisfaction of such person's or persons'  interest  or  interests  in  the  forfeited  motor vehicle,  the total amount awarded to satisfy such interest or interests shall not exceed the amount of the net  proceeds  of  the  sale  of  the forfeited motor vehicle, after deduction of the lawful expenses incurred by  the county, cities of New York, Yonkers, Rochester or Buffalo or the state, as applicable, and storage of the motor vehicle between the  time of seizure and the date of sale.   13.  At  any  time  within  two  years  after  the seizure, any person claiming an interest  in  a  motor  vehicle  which  has  been  forfeited pursuant  to this section who was not sent notice of the commencement of the forfeiture action pursuant to subdivision seven of this section,  or who  did  not  otherwise receive actual notice of the forfeiture action, may assert in an action commenced before  the  justice  of  the  supreme court  before  whom  the  forfeiture action was held such claim as could have been asserted in the forfeiture action pursuant  to  this  section. The  court may grant the relief sought upon such terms and conditions as it deems reasonable and just if the person claiming an interest  in  the  motor  vehicle  establishes  that  he  or she was not sent notice of the commencement of the forfeiture action and was without  actual  knowledge of  the  forfeiture  action,  and  establishes either of the affirmative defenses set forth in subdivision nine of this section.   14.  No  action  under  this  section  for  wrongful  seizure shall be instituted unless such action is commenced within two  years  after  the time when the motor vehicle was seized.