Bill Text: NY A02299 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that the proceeds of civil recoveries obtained by prison inmates against state and local governments shall be made available to their victims; sets forth directions for victims and the crime victims board to follow.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2016-04-12 - held for consideration in governmental operations [A02299 Detail]

Download: New_York-2015-A02299-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2299
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A. MONTESANO, DUPREY, McDONOUGH, FINCH, LALOR --
         Multi-Sponsored by -- M.   of A. CERETTO,  CROUCH  --  read  once  and
         referred to the Committee on Governmental Operations
       AN  ACT  to  amend the executive law, in relation to making available to
         their victims the proceeds of civil recoveries obtained  by  prisoners
         against state and local governments
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  632-b
    2  to read as follows:
    3    S  632-B.  PROCEEDS  OF CIVIL RECOVERIES OBTAINED BY PRISONERS AGAINST
    4  STATE AND LOCAL GOVERNMENTS. 1. DEFINITIONS:
    5    (A) "CRIME" SHALL MEAN ANY FELONY OR MISDEMEANOR DEFINED IN THE  PENAL
    6  LAW OR ANY OTHER CHAPTER OF THE CONSOLIDATED LAWS OF THE STATE.
    7    (B) "PRISONER" SHALL MEAN A PERSON CONVICTED OF A CRIME DEFINED IN THE
    8  PENAL  LAW  OR  ANY OTHER CHAPTER OF THE CONSOLIDATED LAWS OF THE STATE,
    9  SERVING A SENTENCE OF INCARCERATION  AT  THE  TIME  A  CAUSE  OF  ACTION
   10  ACCRUED.
   11    (C)  "VICTIM"  SHALL  MEAN  (I)  THE VICTIM OF ANY CRIME FOR WHICH THE
   12  PRISONER HAS BEEN CONVICTED; (II) THE REPRESENTATIVE OF ANY SUCH VICTIM,
   13  AS DEFINED IN SUBDIVISION SIX OF SECTION SIX HUNDRED TWENTY-ONE OF  THIS
   14  ARTICLE;  AND  (III)  THE OFFICE OF VICTIM SERVICES OR ANY OTHER GOVERN-
   15  MENTAL AGENCY THAT HAS RECEIVED AN APPLICATION FOR OR PROVIDED FINANCIAL
   16  ASSISTANCE OR COMPENSATION TO SUCH VICTIM.
   17    2. (A) UPON ENTRY OF JUDGMENT OR SETTLEMENT OF ANY  CLAIM  MADE  BY  A
   18  PRISONER  PURSUANT TO SECTION TWENTY OF THE COURT OF CLAIMS ACT, SECTION
   19  SEVENTY OF THE GENERAL MUNICIPAL LAW OR SECTION SEVENTEEN OR EIGHTEEN OF
   20  THE PUBLIC OFFICERS LAW, WRITTEN NOTICE OF SUCH JUDGMENT  OR  SETTLEMENT
   21  SHALL  BE GIVEN TO THE OFFICE OF VICTIM SERVICES BY THE ATTORNEY GENERAL
   22  IN CLAIMS INVOLVING THE STATE, OR  THE  ATTORNEY  OF  RECORD  IN  CLAIMS
   23  INVOLVING A COUNTY, CITY, TOWN, VILLAGE OR OTHER MUNICIPALITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05090-01-5
       A. 2299                             2
    1    (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, THE PAYMENT TO A
    2  PRISONER OF ANY JUDGMENT OR SETTLEMENT OF ANY CLAIM PURSUANT TO  SECTION
    3  TWENTY OF THE COURT OF CLAIMS ACT, SECTION SEVENTY OF THE GENERAL MUNIC-
    4  IPAL  LAW  OR  SECTION  SEVENTEEN OR EIGHTEEN OF THE PUBLIC OFFICERS LAW
    5  SHALL  BE  HELD  IN  ABEYANCE FOR SIXTY DAYS FOLLOWING THE SUBMISSION OF
    6  WRITTEN NOTICE OF THE JUDGMENT OR SETTLEMENT TO  THE  OFFICE  OF  VICTIM
    7  SERVICES.
    8    (C)  UPON  RECEIPT OF WRITTEN NOTICE PURSUANT TO PARAGRAPH (A) OF THIS
    9  SUBDIVISION, THE OFFICE SHALL TAKE SUCH PROMPT ACTION AS MAY  BE  APPRO-
   10  PRIATE  TO  (I)  ASCERTAIN  THE  NAME  AND  ADDRESS OF EACH VICTIM, (II)
   11  PROVIDE WRITTEN NOTICE OF SUCH JUDGMENT OR SETTLEMENT AND THE PROVISIONS
   12  OF THIS SECTION TO EACH VICTIM, AND (III) PUBLISH AT LEAST ONCE  AND  IN
   13  AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHEREIN THE
   14  CRIME WAS COMMITTED AND IN THE COUNTIES CONTIGUOUS  TO  SUCH  COUNTY,  A
   15  LEGAL  NOTICE  ADVISING  ANY VICTIM OF THE JUDGMENT OR SETTLEMENT AND OF
   16  THE PROVISIONS OF THIS SECTION.
   17    3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE  ESTATES,  POWERS
   18  AND  TRUSTS  LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT TO THE
   19  TIMELY BRINGING OF AN ACTION, A VICTIM SHALL HAVE THE RIGHT TO  BRING  A
   20  CIVIL  ACTION  IN  A  COURT  OF  COMPETENT JURISDICTION TO RECOVER MONEY
   21  DAMAGES FROM THE PRISONER OR THE LEGAL REPRESENTATIVE  OF  THE  PRISONER
   22  WITHIN  THREE  YEARS  OF  THE RECEIPT OF THE NOTICE PROVIDED PURSUANT TO
   23  PARAGRAPH (C) OF SUBDIVISION TWO OF THIS  SECTION.  ANY  DAMAGES  SUBSE-
   24  QUENTLY  AWARDED  IN  SUCH  ACTION  SHALL  BE RECOVERABLE ONLY UP TO THE
   25  AMOUNT OF THE PAYMENT SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION  TWO  OF
   26  THIS SECTION.
   27    4.  UPON  FILING  AN  ACTION  PURSUANT  TO  SUBDIVISION  THREE OF THIS
   28  SECTION, THE VICTIM SHALL GIVE WRITTEN  NOTICE  OF  THE  FILING  TO  THE
   29  OFFICE TOGETHER WITH A COPY OF THE SUMMONS AND COMPLAINT. THE VICTIM MAY
   30  ALSO GIVE WRITTEN NOTICE TO THE OFFICE OF THE VICTIM'S INTENTION TO FILE
   31  AN  ACTION  TO ALLOW THE OFFICE TO ASSIST THE VICTIM IN APPLYING FOR ANY
   32  APPROPRIATE PROVISIONAL REMEDY WHICH  MAY  BE  AVAILABLE  PRIOR  TO  THE
   33  COMMENCEMENT OF THE ACTION.
   34    5. UPON RECEIPT OF THE WRITTEN NOTICE SPECIFIED IN SUBDIVISION FOUR OF
   35  THIS  SECTION, THE OFFICE SHALL TAKE SUCH PROMPT ACTION AS MAY BE APPRO-
   36  PRIATE TO:
   37    (A) ASCERTAIN THE NAME AND ADDRESS OF EACH VICTIM,
   38    (B) PROVIDE WRITTEN NOTICE OF THE PENDENCY OF THE ACTION, THE JUDGMENT
   39  OR SETTLEMENT, AND THE PROVISIONS OF THIS SECTION TO EACH VICTIM,
   40    (C) PUBLISH AT LEAST ONCE AND IN AT LEAST  ONE  NEWSPAPER  OF  GENERAL
   41  CIRCULATION  IN  THE  COUNTY  WHEREIN THE CRIME WAS COMMITTED AND IN THE
   42  COUNTIES CONTIGUOUS TO SUCH COUNTY, A LEGAL NOTICE ADVISING  VICTIMS  OF
   43  THE  PENDENCY  OF  THE  ACTION,  THE  JUDGMENT  OR  SETTLEMENT,  AND THE
   44  PROVISIONS OF THIS SECTION, AND
   45    (D) PROVIDE SUCH ASSISTANCE TO A VICTIM AS MAY PREVENT  THE  DISBURSE-
   46  MENT  OR  SUBSEQUENT WASTING OF THE PAYMENT TO THE PRISONER OF THE JUDG-
   47  MENT OR SETTLEMENT, IN ANY MANNER CONSISTENT  WITH  SUBDIVISION  SIX  OF
   48  THIS SECTION.
   49    6.  THE OFFICE, ACTING ON BEHALF OF ANY OR ALL VICTIMS, SHALL HAVE THE
   50  RIGHT TO APPLY TO A COURT OF COMPETENT  JURISDICTION  FOR  ANY  AND  ALL
   51  PROVISIONAL REMEDIES THAT ARE ALSO OTHERWISE AVAILABLE TO A VICTIM.
   52    (A)  THE  PROVISIONAL REMEDIES OF ATTACHMENT, INJUNCTION, RECEIVERSHIP
   53  AND NOTICE OF PENDENCY AVAILABLE TO A VICTIM UNDER  THE  CIVIL  PRACTICE
   54  LAW AND RULES SHALL ALSO BE AVAILABLE TO THE OFFICE IN ALL ACTIONS UNDER
   55  THIS SECTION.
       A. 2299                             3
    1    (B) ON A MOTION FOR A PROVISIONAL REMEDY, THE MOVING PARTY SHALL STATE
    2  WHETHER  ANY  OTHER PROVISIONAL REMEDY HAS PREVIOUSLY BEEN SOUGHT IN THE
    3  SAME ACTION AGAINST THE SAME DEFENDANT. THE COURT MAY REQUIRE THE MOVING
    4  PARTY TO ELECT BETWEEN THOSE REMEDIES TO WHICH  IT  WOULD  OTHERWISE  BE
    5  ENTITLED.
    6    S 2. This act shall take effect on the first of November next succeed-
    7  ing the date on which it shall have become a law.