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Bill

S 5885

Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods

2025 Regular Session Introduced by Andrew Lanza

Authorizes seizure and forfeiture of vehicles, vessels, and aircraft used to transport or profit from counterfeit goods, disrupting counterfeit networks.

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · S 5885

Summary of NYS Senate Bill S 5885

Overview

  • Bill: S 5885
  • Title: Provides for the seizure and forfeiture of vehicles, vessels and aircraft used in counterfeit goods
  • Sponsor: Andrew J. Lanza (primary)
  • Status: REFERRED TO CODES (New York State Senate Codes Committee)
  • Introduced: March 3, 2025
  • Related/Companion: A companion bill A 1730; related Senate bills from prior sessions include S 4655, S 2492, S 4373, S 2628, S 69, S 2620, S 366, S 5240, S 4192

Purpose and intent

The bill seeks to strengthen enforcement against the production and distribution of counterfeit goods by authorizing the seizure and forfeiture of certain conveyances—specifically motor vehicles, vessels, and aircraft—when they are used in connection with counterfeit activity. The overarching aim is to disrupt the infrastructure and revenue supporting counterfeiting by removing vehicles and other conveyances used to facilitate or transport counterfeit products.

Key provisions (subject to the bill’s text)

  • Property subject to forfeiture: Vehicles, vessels, and aircraft that are used in connection with counterfeit goods. (Exact definitions and scope would be set out in the statute.)
  • Seizure and forfeiture process: The bill would establish a mechanism for seizing eligible property and pursuing forfeiture proceedings. Specific due-process requirements (notice, hearings, standards of proof, and timelines) would be defined in the full text.
  • Authorities involved: Likely law enforcement and/or state agencies empowered to seize and initiate forfeiture proceedings; procedures for maintaining custody of seized property pending forfeiture adjudication.
  • Disposition of proceeds: The bill would typically specify whether forfeited assets or proceeds from their sale are deposited into state funds or allocated for enforcement efforts, victim restitution, or other statutory purposes (exact allocations would be detailed in the bill).
  • Exemptions and defenses: The full text would establish any exemptions (e.g., good-faith purchasers, owners not knowingly involved, or other statutory defenses) and potential release mechanisms.

Who would be affected

  • Vehicle, vessel, or aircraft owners whose property is used in the transport, distribution, or facilitation of counterfeit goods.
  • Businesses and individuals involved in counterfeit activities.
  • Law enforcement agencies and prosecutors tasked with enforcing forfeiture provisions.

Procedural and timeline context

  • Introduced on March 3, 2025 and referred to the Codes Committee, indicating initial drafting and consideration within the legislative process.
  • Ongoing discussion likely given the existence of multiple related bills and a companion measure in the Assembly (A 1730) and prior-session S bills.

Potential impact and considerations

  • Policy impact: Aims to curb counterfeit trade by removing critical assets used for dissemination.
  • Legal considerations: The bill will define thresholds for seizure, due-process protections, and how proceeds are used, which will influence civil and criminal forfeiture dynamics.
  • Stakeholders: Enforcement agencies, retailers and manufacturers harmed by counterfeits, vehicle owners, and civil-liberties advocates may have interest in the scope and safeguards of the forfeiture process.

Next steps

  • Monitor passage through the Codes Committee and subsequent floor debates.
  • Review the full legislative text to understand definitions, standards of proof, exemptions, and allocation of forfeiture proceeds.

Compiled from official sources — confirm details with the bill’s official record.

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