Bill Text: NY A07806 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to the renunciation of a beneficiary's interest; relates to commencing an action based upon a restitution order, or profits from a crime or funds of a convicted person.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A07806 Detail]
Download: New_York-2021-A07806-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7806 2021-2022 Regular Sessions IN ASSEMBLY May 24, 2021 ___________ Introduced by M. of A. McMAHON -- (at request of the Office of Victim Services) -- read once and referred to the Committee on Codes AN ACT to amend the estates, powers and trusts law, in relation to renunciation of a beneficiary's interest; and to amend the criminal procedure law and the civil practice law and rules, in relation to commencing an action based upon a restitution 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. Subparagraph 1 of paragraph (c) of section 2-1.11 of the 2 estates, powers and trusts law, as amended by chapter 27 of the laws of 3 2010, is amended to read as follows: 4 (1) [Any] Subject to the limitation provided in paragraph (k) of this 5 section, any beneficiary of a disposition may renounce all or part of 6 such beneficiary's interest; provided, however, that a surviving joint 7 tenant or tenant by the entirety may renounce the interest to which such 8 tenant succeeds, by operation of law upon the death of another joint 9 tenant or tenant by the entirety, to the extent such interest could be 10 the subject of a qualified disclaimer under section 2518 of the United 11 States Internal Revenue Code of 1986, as amended. 12 § 2. Section 2-1.11 of the estates, powers and trusts law is amended 13 by adding a new paragraph (k) to read as follows: 14 (k) A renunciation may not be made under this section with respect to 15 any person subject to the provisions of section six hundred thirty-two-a 16 of the executive law; unless, however, that the office of victim 17 services states it will not proceed with an action to obtain an injunc- 18 tion against any such interest, in a writing to be filed by the office 19 of victim services in the office of the clerk of the court having juris- 20 diction over the will or trust agreement governing the property of which 21 the disposition would otherwise be made or the court which issued EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09645-02-1A. 7806 2 1 letters of administration, or if there is no probate or administration, 2 then in a surrogate's court provided by law as the place of probate or 3 administration of the decedent's estate. 4 § 3. Paragraph (a) of subdivision 6 of section 420.10 of the criminal 5 procedure law, as amended by chapter 618 of the laws of 1992, is amended 6 to read as follows: 7 (a) A fine, restitution or reparation imposed or directed by the court 8 shall be imposed or directed by a written order of the court containing 9 the amount thereof required to be paid by the defendant. The court's 10 order also shall direct the district attorney to file a certified copy 11 of such order with the county clerk of the county in which the court is 12 situate except where the court which issues such order is the supreme 13 court in which case the order itself shall be filed by the clerk of the 14 court acting in his or her capacity as the county clerk of the county in 15 which the court is situate. Such order shall be entered by the county 16 clerk in the same manner as a judgment in a civil action in accordance 17 with subdivision (a) of rule five thousand sixteen of the civil practice 18 law and rules. Notwithstanding any other provision of law, an action 19 upon such order may be commenced within twenty years of the date such 20 order was imposed by the court. Even if the defendant was imprisoned for 21 failure to pay such fine, restitution or reparation, or has served the 22 period of imprisonment imposed, such order after entry thereof pursuant 23 to this subdivision may be collected in the same manner as a judgment in 24 a civil action by the victim, as defined in paragraph (b) of subdivision 25 four of section 60.27 of the penal law, to whom restitution or repara- 26 tion was ordered to be paid, the estate of such person or the district 27 attorney. The entered order shall be deemed to constitute a judgment- 28 roll as defined in [section] rule five thousand seventeen of the civil 29 practice law and rules and immediately after entry of the order, the 30 county clerk shall docket the entered order as a money judgment pursuant 31 to section five thousand eighteen of such law and rules. Wherever appro- 32 priate, the district attorney shall file a transcript of the docket of 33 the judgment with the clerk of any other county of the state. Such a 34 restitution or reparation order, when docketed shall be a first lien 35 upon all real property in which the defendant thereafter acquires an 36 interest, having preference over all other liens, security interests, 37 and encumbrances whatsoever, except: 38 (i) a lien or interest running to the benefit of the government of the 39 United States or the state of New York, or any political subdivision or 40 public benefit corporation thereof; or 41 (ii) a purchase money interest in any property. 42 § 4. Section 213-b of the civil practice law and rules, as amended by 43 chapter 62 of the laws of 2001, is amended to read as follows: 44 § 213-b. Action by a victim of a criminal offense. Notwithstanding any 45 other limitation set forth in this article or in article five of the 46 estates, powers and trusts law, an action by a crime victim, or the 47 representative of a crime victim, as defined in subdivision six of 48 section six hundred twenty-one of the executive law, may be commenced to 49 recover damages from a defendant[: (1)] convicted of a crime which is 50 the subject of such action, for any injury or loss resulting therefrom 51 within [seven] twenty years of the date of the crime [or (2) convicted52of a specified crime as defined in paragraph (e) of subdivision one of53section six hundred thirty-two-a of the executive law which is the54subject of such action for any injury or loss resulting therefrom within55ten years of the date the defendant was convicted of such specified56crime].A. 7806 3 1 § 5. The opening paragraph of section 5014 of the civil practice law 2 and rules, as amended by chapter 115 of the laws of 1965, is amended to 3 read as follows: 4 Except as permitted by section 15-102 of the general obligations law 5 and paragraph (a) of subdivision six of section 420.10 of the criminal 6 procedure law, an action upon a money judgment entered in a court of the 7 state may only be maintained between the original parties to the judg- 8 ment where: 9 § 6. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law.