Bill Text: NY S06152 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to commencing an action based upon a restitution order, or profits from a crime, or funds of a convicted person pursuant to article 22 of the executive law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-02-27 - referred to codes [S06152 Detail]

Download: New_York-2019-S06152-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          6152

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 20, 2019
                                       ___________

        Introduced  by  Sens. SEPULVEDA, ADDABBO -- (at request of the Office of
          Victim Services) -- read twice and ordered printed, and  when  printed
          to be committed to the Committee on Codes

        AN  ACT  to  amend the criminal procedure law and the civil practice law
          and rules, in relation to commencing an action based upon  a  restitu-
          tion  order,  or  profits  from a crime or funds of a convicted person
          pursuant to article twenty-two of the executive law

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of subdivision 6 of section 420.10 of the
     2  criminal procedure law, as amended by chapter 618 of the laws  of  1992,
     3  is amended to read as follows:
     4    (a) A fine, restitution or reparation imposed or directed by the court
     5  shall  be imposed or directed by a written order of the court containing
     6  the amount thereof required to be paid by  the  defendant.  The  court's
     7  order  also  shall direct the district attorney to file a certified copy
     8  of such order with the county clerk of the county in which the court  is
     9  situate  except  where  the court which issues such order is the supreme
    10  court in which case the order itself shall be filed by the clerk of  the
    11  court acting in his or her capacity as the county clerk of the county in
    12  which  the  court  is situate. Such order shall be entered by the county
    13  clerk in the same manner as a judgment in a civil action  in  accordance
    14  with subdivision (a) of rule five thousand sixteen of the civil practice
    15  law  and  rules.   Notwithstanding any other provision of law, an action
    16  upon such order may be commenced within twenty years of  the  date  such
    17  order was imposed by the court. Even if the defendant was imprisoned for
    18  failure  to  pay such fine, restitution or reparation, or has served the
    19  period of imprisonment imposed, such order after entry thereof  pursuant
    20  to this subdivision may be collected in the same manner as a judgment in
    21  a civil action by the victim, as defined in paragraph (b) of subdivision
    22  four  of  section 60.27 of the penal law, to whom restitution or repara-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09233-01-9

        S. 6152                             2

     1  tion was ordered to be paid, the estate of such person or  the  district
     2  attorney.  The  entered  order shall be deemed to constitute a judgment-
     3  roll as defined in [section] rule five thousand seventeen of  the  civil
     4  practice  law  and  rules  and immediately after entry of the order, the
     5  county clerk shall docket the entered order as a money judgment pursuant
     6  to section five thousand eighteen of such law and rules. Wherever appro-
     7  priate, the district attorney shall file a transcript of the  docket  of
     8  the  judgment  with  the  clerk of any other county of the state. Such a
     9  restitution or reparation order, when docketed shall  be  a  first  lien
    10  upon  all  real  property  in which the defendant thereafter acquires an
    11  interest, having preference over all other  liens,  security  interests,
    12  and encumbrances whatsoever, except:
    13    (i) a lien or interest running to the benefit of the government of the
    14  United  States or the state of New York, or any political subdivision or
    15  public benefit corporation thereof; or
    16    (ii) a purchase money interest in any property.
    17    § 2. Section 213-b of the civil practice law and rules, as amended  by
    18  chapter 62 of the laws of 2001, is amended to read as follows:
    19    § 213-b. Action by a victim of a criminal offense. Notwithstanding any
    20  other  limitation  set  forth  in this article or in article five of the
    21  estates, powers and trusts law, an action by  a  crime  victim,  or  the
    22  representative  of  a  crime  victim,  as  defined in subdivision six of
    23  section six hundred twenty-one of the executive law, may be commenced to
    24  recover damages from a defendant[: (1)] convicted of a  crime  which  is
    25  the  subject  of such action, for any injury or loss resulting therefrom
    26  within [seven] twenty years of the date of the crime [or  (2)  convicted
    27  of  a  specified crime as defined in paragraph (e) of subdivision one of
    28  section six hundred thirty-two-a of  the  executive  law  which  is  the
    29  subject of such action for any injury or loss resulting therefrom within
    30  ten  years  of  the  date  the defendant was convicted of such specified
    31  crime].
    32    § 3. The opening paragraph of section 5014 of the civil  practice  law
    33  and  rules, as amended by chapter 115 of the laws of 1965, is amended to
    34  read as follows:
    35    Except as permitted by section 15-102 of the general  obligations  law
    36  and  paragraph  (a) of subdivision six of section 420.10 of the criminal
    37  procedure law, an action upon a money judgment entered in a court of the
    38  state may only be maintained between the original parties to  the  judg-
    39  ment where:
    40    § 4. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law.
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