Bill Text: NY A07260 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the distribution of pre-criminal proceeding settlements in the city of New York and to the effectiveness of thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07260 Detail]

Download: New_York-2019-A07260-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7260
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     April 18, 2019
                                       ___________
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes
        AN ACT to amend the criminal procedure law, in relation to  pre-criminal
          proceeding  settlements  in the city of New York; and to amend chapter
          55 of the laws of 2018 amending the criminal procedure law relating to
          pre-criminal proceeding settlements  in  the  city  of  New  York,  in
          relation to the effectiveness thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 95.00 of the criminal procedure law,  as  added  by
     2  section  1  of  part  F of chapter 55 of the laws of 2018, is amended to
     3  read as follows:
     4  § 95.00 Pre-criminal proceeding settlement.
     5    When a county district attorney of a county located in a city  of  one
     6  million  or  more  recovers  monies  before  the filing of an accusatory
     7  instrument as defined in subdivision one of section 1.20 of  this  chap-
     8  ter,  after  injured  parties  have been appropriately compensated, [the
     9  district attorney's office shall retain a percentage  of  the  remaining
    10  such  monies  in recognition that such monies were recovered as a result
    11  of investigations undertaken by such office. For each recovery the total
    12  amount of such monies to be retained by the county  district  attorney's
    13  office  shall equal ten percent of the first twenty-five million dollars
    14  received by such office, plus seven and one-half percent of such  monies
    15  received  by  such  office  in excess of twenty-five million dollars but
    16  less than fifty million dollars, plus five percent of  any  such  monies
    17  received by such office in excess of fifty million dollars but less than
    18  one hundred million dollars, plus one percent of such monies received by
    19  such  office in excess of one hundred million dollars. The remainder of]
    20  such monies shall be paid by the district attorney's office to the state
    21  and to the county in equal amounts within thirty days of receipt,  where
    22  disposition  of  such monies is not otherwise prescribed by law. [Monies

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08785-01-9
        A. 7260                             2

     1  distributed to a county district  attorney's  office  pursuant  to  this
     2  section  shall  be  used  to  enhance law enforcement efforts within the
     3  state of New York. On December first of each year, every district attor-
     4  ney  shall  provide  the governor, temporary president of the senate and
     5  speaker of the assembly with an annual report detailing the total amount
     6  of monies received as described herein  by  his  or  her  office  and  a
     7  description  of  how and where such funds were distributed by his or her
     8  office but shall not include a description of the distribution of monies
     9  where the disclosure of such information  would  interfere  with  a  law
    10  enforcement  investigation  or  a  judicial proceeding. The report shall
    11  include a detailed description of any entity to which funds are distrib-
    12  uted, including but not limited to, whether it is a profit  or  not-for-
    13  profit  entity,  where it is located, and the intended use of the monies
    14  distributed, and shall state the law enforcement purpose.]
    15    § 2. Section 2 of part F of chapter 55 of the laws  of  2018  amending
    16  the  criminal  procedure law relating to pre-criminal proceeding settle-
    17  ments in the city of New York is amended to read as follows:
    18    § 2. This act shall take effect immediately [and shall remain in  full
    19  force  and  effect  until  March  31,  2019, when it shall expire and be
    20  deemed repealed].
    21    § 3. This act shall take effect immediately.