(b) Any person convicted as a third or subsequent offender as
described in subdivision six shall be subject to a court order divesting
him of any right, title or interest in any motor vehicle used in the
commission of the offense. An action for forfeiture may be commenced by
the attorney general on behalf of the commissioner or the corporation
counsel or designee on behalf of the city in any superior court in the
county of conviction. The defendant shall have a right to a trial by
jury on any issue of fact. The plaintiff in the forfeiture action shall
have the burden of proof by clear and convincing evidence on such issues
of fact.
(c) Any order of forfeiture issued pursuant to this subdivision shall
include provisions for the disposal of the property found to have been
forfeited. Such provisions shall be directed to the attorney general or
corporation counsel or designee as the case may be, and may include, but
are not limited to, an order directing that the property be sold in
accordance with provisions of article fifty-one of the civil practice
law and rules. Net proceeds of the sale shall be paid into the general
fund of the state or city, as the case may be, less all costs and
attendant expenses of seizure, storage and forfeiture, as the case may
be, which shall be paid to the office of the attorney general or
corporation counsel in the appropriate case notwithstanding any other
provisions of law.
8. All penalties charged and collected by the commissioner pursuant to
this section shall be deposited by the comptroller into the special
obligation reserve and payment account of the dedicated highway and
bridge trust fund established pursuant to section eight-nine-b of the
state finance law.