Bill Text: NY A04053 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4053 (Prior Session Legislation)

Introduced

Bill Title: Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime and imposes civil liability for the failure to comply therewith.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A04053 Detail]

Download: New_York-2011-A04053-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4053
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by M. of A. LATIMER -- read once and referred to the Commit-
         tee on Governmental Operations
       AN ACT to amend the executive law, in relation to payments  received  as
         profit for a crime
         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 2  of  section  632-a  of  the
    2  executive  law, as amended by section 24 of part A1 of chapter 56 of the
    3  laws of 2010, is amended to read as follows:
    4    (a) Every person, firm, corporation, partnership, association or other
    5  legal entity, or representative of such person, firm, corporation, part-
    6  nership, association or entity, which knowingly contracts for, pays,  or
    7  agrees  to pay: (i) any profits from a crime as defined in paragraph (b)
    8  of subdivision one  of  this  section,  to  a  person  charged  with  or
    9  convicted  of  that  crime,  or  to the representative of such person as
   10  defined in subdivision six of section six  hundred  twenty-one  of  this
   11  article;  or  (ii)  any funds of a convicted person, as defined in para-
   12  graph (c) of subdivision one of this section, where such  conviction  is
   13  for  a  specified crime and the value, combined value or aggregate value
   14  of the payment or payments of such funds  exceeds  or  will  exceed  ten
   15  thousand dollars, OR TO A PERSON OR PARTY ACTUALLY KNOWN TO SUCH PERSON,
   16  FIRM,  CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTITY TO BE
   17  AN AGENT OR ASSIGNEE OF THE PERSON SO CHARGED OR  CONVICTED  shall  give
   18  written notice to the office of the payment or obligation to pay as soon
   19  as  practicable, BUT IN NO EVENT LATER THAN THIRTY DAYS, after discover-
   20  ing that the payment or intended  payment  constitutes  profits  from  a
   21  crime or funds of a convicted person.  KNOWING FAILURE OF THE CONTRACTOR
   22  TO  NOTIFY  THE OFFICE OF VICTIM SERVICES OF SUCH PAYMENT, OBLIGATION TO
   23  PAY OR INTENDED PAYMENT SHALL RESULT IN A CIVIL PENALTY IN AN AMOUNT  UP
   24  TO  THE  FULL  AMOUNT OF ALL CONSIDERATION OFFERED OR CONTRACTED, EXCEPT
   25  THAT IF THE CONSIDERATION  OFFERED  OR  CONTRACTED  EXCEEDS  TWENTY-FIVE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06211-01-1
       A. 4053                             2
    1  THOUSAND  DOLLARS,  THEN  UP  TO TWENTY-FIVE THOUSAND DOLLARS PLUS UP TO
    2  TWENTY-FIVE  PERCENT  OF  THE  ADDITIONAL   CONSIDERATION   OFFERED   OR
    3  CONTRACTED  WHICH  EXCEEDS  TWENTY-FIVE  THOUSAND  DOLLARS.  ANY  MONIES
    4  COLLECTED  BY  THE OFFICE AS A RESULT OF A VIOLATION OF THIS SUBDIVISION
    5  SHALL BE HANDLED IN THE SAME MANNER AS  ASSESSMENTS  UNDER  SUBPARAGRAPH
    6  (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
    7    S 2. This act shall take effect immediately.