Bill Text: NY S04393 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to preventing defendants from making any profit from their crimes; includes instances where defendant pleads not responsible by reason of mental disease or defect.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2012-05-30 - referred to governmental operations [S04393 Detail]
Download: New_York-2011-S04393-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4393
2011-2012 Regular Sessions
I N S E N A T E
April 4, 2011
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction
AN ACT to amend the executive law, in relation to a defendant profiting
from his or her crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 632-a of the executive law,
2 as amended by section 24 of part A-1 of chapter 56 of the laws of 2010,
3 are amended to read as follows:
4 1. For the purposes of this section:
5 (a) "Crime" means (i) any felony defined in the laws of the state; or
6 (ii) an offense in any jurisdiction which includes all of the essential
7 elements of any felony defined in the laws of this state and: (A) the
8 crime victim, as defined in subparagraph (i) of paragraph (d) of this
9 subdivision, was a resident of this state at the time of the commission
10 of the offense; or (B) the act or acts constituting the offense occurred
11 in whole or in part in this state.
12 (b) "Profits from a crime" means (i) any property obtained through or
13 income generated from the commission of a crime of which the defendant
14 was convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE
15 BY REASON OF MENTAL DISEASE OR DEFECT; (ii) any property obtained by or
16 income generated from the sale, conversion or exchange of proceeds of a
17 crime, including any gain realized by such sale, conversion or exchange;
18 and (iii) any property which the defendant obtained or income generated
19 as a result of having committed the crime, including any assets obtained
20 through the use of unique knowledge obtained during the commission of,
21 or in preparation for the commission of, a crime, as well as any proper-
22 ty obtained by or income generated from the sale, conversion or exchange
23 of such property and any gain realized by such sale, conversion or
24 exchange.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10480-01-1
S. 4393 2
1 (c) "Funds of a convicted person" means all funds and property
2 received from any source by a person convicted of a specified crime, OR
3 FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE BY REASON OF
4 MENTAL DISEASE OR DEFECT, or by the representative of such person as
5 defined in subdivision six of section six hundred twenty-one of this
6 article excluding child support and earned income, where such person:
7 (i) is an inmate serving a sentence with the department of correction-
8 al services or a prisoner confined at a local correctional facility or
9 federal correctional institute, and includes funds that a superinten-
10 dent, sheriff or municipal official receives on behalf of an inmate or
11 prisoner and deposits in an inmate account to the credit of the inmate
12 pursuant to section one hundred sixteen of the correction law or depos-
13 its in a prisoner account to the credit of the prisoner pursuant to
14 section five hundred-c of the correction law; or
15 (ii) is not an inmate or prisoner but who is serving a sentence of
16 probation or conditional discharge or is presently subject to an undisc-
17 harged indeterminate, determinate or definite term of imprisonment or
18 period of post-release supervision or term of supervised release, but
19 shall include earned income earned during a period in which such person
20 was not in compliance with the conditions of his or her probation,
21 parole, conditional release, period of post-release supervision by the
22 division of parole or term of supervised release with the United States
23 probation office or United States parole commission. For purposes of
24 this subparagraph, such period of non-compliance shall be measured, as
25 applicable, from the earliest date of delinquency determined by the
26 board or division of parole, or from the earliest date on which a decla-
27 ration of delinquency is filed pursuant to section 410.30 of the crimi-
28 nal procedure law and thereafter sustained, or from the earliest date of
29 delinquency determined in accordance with applicable federal law, rules
30 or regulations, and shall continue until a final determination sustain-
31 ing the violation has been made by the trial court, board or division of
32 parole, or appropriate federal authority; or
33 (iii) is no longer subject to a sentence of probation or conditional
34 discharge or indeterminate, determinate or definite term of imprisonment
35 or period of post-release supervision or term of supervised release, and
36 where within the previous three years: the full or maximum term or peri-
37 od terminated or expired or such person was granted a discharge by a
38 board of parole pursuant to applicable law, or granted a discharge or
39 termination from probation pursuant to applicable law or granted a
40 discharge or termination under applicable federal or state law, rules or
41 regulations prior to the expiration of such full or maximum term or
42 period; and includes only: (A) those funds paid to such person as a
43 result of any interest, right, right of action, asset, share, claim,
44 recovery or benefit of any kind that the person obtained, or that
45 accrued in favor of such person, prior to the expiration of such
46 sentence, term or period; (B) any recovery or award collected in a
47 lawsuit after expiration of such sentence where the right or cause of
48 action accrued prior to the expiration or service of such sentence; and
49 (C) earned income earned during a period in which such person was not in
50 compliance with the conditions of his or her probation, parole, condi-
51 tional release, period of post-release supervision by the division of
52 parole or term of supervised release with the United States probation
53 office or United States parole commission. For purposes of this subpara-
54 graph, such period of non-compliance shall be measured, as applicable,
55 from the earliest date of delinquency determined by the board or divi-
56 sion of parole, or from the earliest date on which a declaration of
S. 4393 3
1 delinquency is filed pursuant to section 410.30 of the criminal proce-
2 dure law and thereafter sustained, or from the earliest date of delin-
3 quency determined in accordance with applicable federal law, rules or
4 regulations, and shall continue until a final determination sustaining
5 the violation has been made by the trial court, board or division of
6 parole, or appropriate federal authority; OR
7 (IV) IS COMMITTED TO A SECURE FACILITY DESIGNATED BY THE COMMISSIONER
8 OF MENTAL HEALTH OR SUBJECT TO TREATMENT WHICH MAY INCLUDE CONDITIONAL
9 OR UNCONDITIONAL RELEASE.
10 (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
11 tative of a crime victim as defined in subdivision six of section six
12 hundred twenty-one of this article; (iii) a good samaritan as defined in
13 subdivision seven of section six hundred twenty-one of this article;
14 (iv) the office of victim services or other governmental agency that has
15 received an application for or provided financial assistance or compen-
16 sation to the victim.
17 (e) (i) "Specified crime" means:
18 (A) a violent felony offense as defined in subdivision one of section
19 70.02 of the penal law;
20 (B) a class B felony offense defined in the penal law;
21 (C) an offense for which a merit time allowance may not be received
22 against the sentence pursuant to paragraph (d) of subdivision one of
23 section eight hundred three of the correction law;
24 (D) an offense defined in the penal law that is titled in such law as
25 a felony in the first degree;
26 (E) grand larceny in the fourth degree as defined in subdivision six
27 of section 155.30 or grand larceny in the second degree as defined in
28 section 155.40 of the penal law;
29 (F) criminal possession of stolen property in the second degree as
30 defined in section 165.52 of the penal law; or
31 (G) an offense in any jurisdiction which includes all of the essential
32 elements of any of the crimes specified in clauses (A) through (F) of
33 this subparagraph and either the crime victim as defined in subparagraph
34 (i) of paragraph (d) of this subdivision was a resident of this state at
35 the time of the commission of the offense or the act or acts constitut-
36 ing the crime occurred in whole or in part in this state.
37 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
38 graph a "specified crime" shall not mean or include an offense defined
39 in any of the following articles of the penal law: articles one hundred
40 fifty-eight, one hundred seventy-eight, two hundred twenty, two hundred
41 twenty-one, two hundred twenty-five, and two hundred thirty.
42 (f) "Earned income" means income derived from one's own labor or
43 through active participation in a business as distinguished from income
44 from, for example, dividends or investments.
45 2. (a) Every person, firm, corporation, partnership, association or
46 other legal entity, or representative of such person, firm, corporation,
47 partnership, association or entity, which knowingly contracts for, pays,
48 or agrees to pay: (i) any profits from a crime as defined in paragraph
49 (b) of subdivision one of this section, to a person charged with or
50 convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE BY
51 REASON OF MENTAL DISEASE OR DEFECT, of that crime, or to the represen-
52 tative of such person as defined in subdivision six of section six
53 hundred twenty-one of this article; or (ii) any funds of a convicted
54 person, as defined in paragraph (c) of subdivision one of this section,
55 where such conviction is for a specified crime and the value, combined
56 value or aggregate value of the payment or payments of such funds
S. 4393 4
1 exceeds or will exceed ten thousand dollars, shall give written notice
2 to the office of the payment or obligation to pay as soon as practicable
3 after discovering that the payment or intended payment constitutes
4 profits from a crime or funds of a convicted person.
5 (b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
6 vision, whenever the payment or obligation to pay involves funds of a
7 convicted person that a superintendent, sheriff or municipal official
8 receives or will receive on behalf of an inmate serving a sentence with
9 the department of correctional services or prisoner confined at a local
10 correctional facility and deposits or will deposit in an inmate account
11 to the credit of the inmate or in a prisoner account to the credit of
12 the prisoner, and the value, combined value or aggregate value of such
13 funds exceeds or will exceed ten thousand dollars, the superintendent,
14 sheriff or municipal official shall also give written notice to the
15 office.
16 Further, whenever the state or subdivision of the state makes payment
17 or has an obligation to pay funds of a convicted person, as defined in
18 subparagraph (ii) [or] , (iii) OR (IV) of paragraph (c) of subdivision
19 one of this section, and the value, combined value or aggregate value of
20 such funds exceeds or will exceed ten thousand dollars, the state or
21 subdivision of the state shall also give written notice to the office.
22 In all other instances where the payment or obligation to pay involves
23 funds of a convicted person, as defined in subparagraph (ii) [or], (iii)
24 OR (IV) of paragraph (c) of subdivision one of this section, and the
25 value, combined value or aggregate value of such funds exceeds or will
26 exceed ten thousand dollars, the convicted person who receives or will
27 receive such funds, or the representative of such person as defined in
28 subdivision six of section six hundred twenty-one of this article, shall
29 give written notice to the office.
30 (c) The office, upon receipt of notice of a contract, an agreement to
31 pay or payment of profits from a crime or funds of a convicted person
32 pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
33 notice of funds of a convicted person from the superintendent, sheriff
34 or municipal official of the facility where the inmate or prisoner is
35 confined pursuant to section one hundred sixteen or five hundred-c of
36 the correction law, shall notify all known crime victims of the exist-
37 ence of such profits or funds at their last known address.
38 S 2. This act shall take effect immediately.
