§ 511-c. Seizure and forfeiture of vehicles used in the unlicensed\noperation of a motor vehicle under certain circumstances. 1. For\npurposes of this section:\n (a) The term "owner" shall mean an owner as defined in section one\nhundred twenty-eight and in subdivision three of section three hundred\neighty-eight of this chapter.\n (b) The term "security interest" shall mean a security interest as\ndefined in subdivision (k) of section two thousand one hundred one of\nthis chapter.\n (c) The term "termination of the criminal proceeding" shall mean the\nearliest of (i) thirty-one days following the imposition of sentence; or\n(ii) the date of acquittal of a person arrested for an offense; or (iii)\nwhere leave to file new charges or to resubmit the case to a new grand\njury is required and has not been granted, thirty-one days following the\ndismissal of the last accusatory instrument filed in the case, or, if\napplicable, upon expiration of the time granted by the court or\npermitted by statute for filing new charges or resubmitting the case to\na new grand jury; or (iv) where leave to file new charges or to resubmit\nthe case to a new grand jury is not required, thirty-one days following\nthe dismissal of the last accusatory instrument filed in the case, or,\nif applicable, upon expiration of the time granted by the court or\npermitted by statute for filing new charges or resubmitting the case to\na new grand jury; or (v) six months from the issuance of an "adjournment\nin contemplation of dismissal" order pursuant to section 170.55 of the\ncriminal procedure law, where the case is not restored to the court's\ncalendar within the applicable six-month period; or (vi) the date when,\nprior to the filing of an accusatory instrument against a person\narrested for an offense, the prosecuting authority elects not to\nprosecute such person.\n 2. Any motor vehicle which has been or is being used in violation of\nparagraph (a) of subdivision three of section five hundred eleven of\nthis article may be seized by any peace officer, acting pursuant to his\nor her special duties, or police officer, and forfeited as hereinafter\nprovided in this section.\n 3. A vehicle may be seized upon service of a notice of violation upon\nthe owner or operator of a vehicle. The seized motor vehicle shall be\ndelivered by the officer having made the seizure to the custody of the\ndistrict attorney of the county wherein the seizure was made, except\nthat in the cities of New York, Yonkers, Rochester and Buffalo the\nseized motor vehicle shall be delivered to the custody of the police\ndepartment of such cities and such motor vehicle seized by a member or\nmembers of the state police shall be delivered to the custody of the\nsuperintendent of state police, together with a report of all the facts\nand circumstances of the seizure. Within one business day after the\nseizure, notice of such violation and a copy of the notice of violation\nshall be mailed to the owner of such vehicle at the address for such\nowner set forth in the records maintained by the department of motor\nvehicles or, for vehicles not registered in New York state, such\nequivalent record in such state of registration.\n 4. (a) The attorney general in seizures by members of the state\npolice, or the district attorney of the county wherein the seizure is\nmade, if elsewhere than in the cities of New York, Yonkers, Rochester or\nBuffalo, or where the seizure is made in such cities, the corporation\ncounsel of the city shall inquire into the facts of the seizure so\nreported to him or her. If it appears that there is a basis for the\ncommencement and prosecution of a forfeiture proceeding pursuant to this\nsection, any such forfeiture proceeding shall be commenced in supreme\ncourt not later than twenty days after the date of receipt of a written\ndemand by a person claiming ownership of the motor vehicle accompanied\nby the documentation required to be presented upon release of the\n
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