Bill Text: NY A08403 | 2013-2014 | General Assembly | Introduced
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) 2014-03-18 - held for consideration in governmental operations [A08403 Detail]
Download: New_York-2013-A08403-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8403 2013-2014 Regular Sessions I N A S S E M B L Y January 15, 2013 ___________ Introduced by M. of A. MONTESANO -- 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. LBD01601-01-3 A. 8403 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. 8403 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.