Bill Text: NY A04156 | 2019-2020 | 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 6-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A04156 Detail]

Download: New_York-2019-A04156-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4156
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced by M. of A. MONTESANO, McDONOUGH, FINCH, LALOR -- Multi-Spon-
          sored  by -- M.  of A. CROUCH -- read once and referred to the Commit-
          tee 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    § 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.
                                                                   LBD08267-01-9
        A. 4156                             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. 4156                             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    § 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.