The New York State Executive Budget bill proposed in mid-January 2012 contains amidst its numerous provisions a measure that would radically enlarge the reach of New York’s forfeiture law and revamp its procedures. The proposal largely escaped press attention, except for a Jan. 20 article in the Law Journal.1
Part E of the budget’s Public Protection and General Government Article VII Legislation adds a new Article 62 to the Penal Law that would provide for forfeiture to the government of any “proceeds” of a crime.2 Unlike current state forfeiture laws, which are limited to felonies, this one would be triggered by misdemeanor convictions as well. This is a major expansion.
