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.
LBD09645-02-1
A. 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) convicted
52 of a specified crime as defined in paragraph (e) of subdivision one of
53 section six hundred thirty-two-a of the executive law which is the
54 subject of such action for any injury or loss resulting therefrom within
55 ten years of the date the defendant was convicted of such specified
56 crime].
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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.