S T A T E O F N E W Y O R K
________________________________________________________________________
1128
2015-2016 Regular Sessions
I N A S S E M B L Y
January 8, 2015
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to a defendant profiting
from his or her crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 632-a of the executive law,
2 as amended by section 24 of part A-1 of chapter 56 of the laws of 2010,
3 paragraph (c) of subdivision 1 as amended by section 100 and the opening
4 paragraph of paragraph (b) of subdivision 2 as amended by section 101 of
5 subpart B of part C of chapter 62 of the laws of 2011, are amended to
6 read as follows:
7 1. For the purposes of this section:
8 (a) "Crime" means (i) any felony defined in the laws of the state; or
9 (ii) an offense in any jurisdiction which includes all of the essential
10 elements of any felony defined in the laws of this state and: (A) the
11 crime victim, as defined in subparagraph (i) of paragraph (d) of this
12 subdivision, was a resident of this state at the time of the commission
13 of the offense; or (B) the act or acts constituting the offense occurred
14 in whole or in part in this state.
15 (b) "Profits from a crime" means (i) any property obtained through or
16 income generated from the commission of a crime of which the defendant
17 was convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE
18 BY REASON OF MENTAL DISEASE OR DEFECT; (ii) any property obtained by or
19 income generated from the sale, conversion or exchange of proceeds of a
20 crime, including any gain realized by such sale, conversion or exchange;
21 and (iii) any property which the defendant obtained or income generated
22 as a result of having committed the crime, including any assets obtained
23 through the use of unique knowledge obtained during the commission of,
24 or in preparation for the commission of, a crime, as well as any proper-
25 ty obtained by or income generated from the sale, conversion or exchange
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03314-01-5
A. 1128 2
1 of such property and any gain realized by such sale, conversion or
2 exchange.
3 (c) "Funds of a convicted person" means all funds and property
4 received from any source by a person convicted of a specified crime, OR
5 FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE BY REASON OF
6 MENTAL DISEASE OR DEFECT or by the representative of such person as
7 defined in subdivision six of section six hundred twenty-one of this
8 article excluding child support and earned income, where such person:
9 (i) is an inmate serving a sentence with the department of corrections
10 and community supervision or a prisoner confined at a local correctional
11 facility or federal correctional institute, and includes funds that a
12 superintendent, sheriff or municipal official receives on behalf of an
13 inmate or prisoner and deposits in an inmate account to the credit of
14 the inmate pursuant to section one hundred sixteen of the correction law
15 or deposits in a prisoner account to the credit of the prisoner pursuant
16 to section five hundred-c of the correction law; or
17 (ii) is not an inmate or prisoner but who is serving a sentence of
18 probation or conditional discharge or is presently subject to an undisc-
19 harged indeterminate, determinate or definite term of imprisonment or
20 period of post-release supervision or term of supervised release, but
21 shall include earned income earned during a period in which such person
22 was not in compliance with the conditions of his or her probation,
23 parole, conditional release, period of post-release supervision by the
24 department of corrections and community supervision or term of super-
25 vised release with the United States probation office or United States
26 parole commission. For purposes of this subparagraph, such period of
27 non-compliance shall be measured, as applicable, from the earliest date
28 of delinquency determined by the department of corrections and community
29 supervision, or from the earliest date on which a declaration of delin-
30 quency is filed pursuant to section 410.30 of the criminal procedure law
31 and thereafter sustained, or from the earliest date of delinquency
32 determined in accordance with applicable federal law, rules or regu-
33 lations, and shall continue until a final determination sustaining the
34 violation has been made by the trial court, the department of
35 corrections and community supervision, or appropriate federal authority;
36 or
37 (iii) is no longer subject to a sentence of probation or conditional
38 discharge or indeterminate, determinate or definite term of imprisonment
39 or period of post-release supervision or term of supervised release, and
40 where within the previous three years: the full or maximum term or peri-
41 od terminated or expired or such person was granted a discharge by the
42 state board of parole or the department of corrections and community
43 supervision pursuant to applicable law, or granted a discharge or termi-
44 nation from probation pursuant to applicable law or granted a discharge
45 or termination under applicable federal or state law, rules or regu-
46 lations prior to the expiration of such full or maximum term or period;
47 and includes only: (A) those funds paid to such person as a result of
48 any interest, right, right of action, asset, share, claim, recovery or
49 benefit of any kind that the person obtained, or that accrued in favor
50 of such person, prior to the expiration of such sentence, term or peri-
51 od; (B) any recovery or award collected in a lawsuit after expiration of
52 such sentence where the right or cause of action accrued prior to the
53 expiration or service of such sentence; and (C) earned income earned
54 during a period in which such person was not in compliance with the
55 conditions of his or her probation, parole, conditional release, period
56 of post-release supervision by the department of corrections and commu-
A. 1128 3
1 nity supervision or term of supervised release with the United States
2 probation office or United States parole commission. For purposes of
3 this subparagraph, such period of non-compliance shall be measured, as
4 applicable, from the earliest date of delinquency determined by the
5 department of corrections and community supervision, or from the earli-
6 est date on which a declaration of delinquency is filed pursuant to
7 section 410.30 of the criminal procedure law and thereafter sustained,
8 or from the earliest date of delinquency determined in accordance with
9 applicable federal law, rules or regulations, and shall continue until a
10 final determination sustaining the violation has been made by the trial
11 court, the department of corrections and community supervision, or
12 appropriate federal authority; OR
13 (IV) IS COMMITTED TO A SECURE FACILITY DESIGNATED BY THE COMMISSIONER
14 OF MENTAL HEALTH OR SUBJECT TO TREATMENT WHICH MAY INCLUDE CONDITIONAL
15 OR UNCONDITIONAL RELEASE.
16 (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
17 tative of a crime victim as defined in subdivision six of section six
18 hundred twenty-one of this article; (iii) a good samaritan as defined in
19 subdivision seven of section six hundred twenty-one of this article;
20 (iv) the office of victim services or other governmental agency that has
21 received an application for or provided financial assistance or compen-
22 sation to the victim.
23 (e) (i) "Specified crime" means:
24 (A) a violent felony offense as defined in subdivision one of section
25 70.02 of the penal law;
26 (B) a class B felony offense defined in the penal law;
27 (C) an offense for which a merit time allowance may not be received
28 against the sentence pursuant to paragraph (d) of subdivision one of
29 section eight hundred three of the correction law;
30 (D) an offense defined in the penal law that is titled in such law as
31 a felony in the first degree;
32 (E) grand larceny in the fourth degree as defined in subdivision six
33 of section 155.30 or grand larceny in the second degree as defined in
34 section 155.40 of the penal law;
35 (F) criminal possession of stolen property in the second degree as
36 defined in section 165.52 of the penal law; or
37 (G) an offense in any jurisdiction which includes all of the essential
38 elements of any of the crimes specified in clauses (A) through (F) of
39 this subparagraph and either the crime victim as defined in subparagraph
40 (i) of paragraph (d) of this subdivision was a resident of this state at
41 the time of the commission of the offense or the act or acts constitut-
42 ing the crime occurred in whole or in part in this state.
43 (ii) Notwithstanding the provisions of subparagraph (i) of this para-
44 graph a "specified crime" shall not mean or include an offense defined
45 in any of the following articles of the penal law: articles one hundred
46 fifty-eight, one hundred seventy-eight, two hundred twenty, two hundred
47 twenty-one, two hundred twenty-five, and two hundred thirty.
48 (f) "Earned income" means income derived from one's own labor or
49 through active participation in a business as distinguished from income
50 from, for example, dividends or investments.
51 2. (a) Every person, firm, corporation, partnership, association or
52 other legal entity, or representative of such person, firm, corporation,
53 partnership, association or entity, which knowingly contracts for, pays,
54 or agrees to pay: (i) any profits from a crime as defined in paragraph
55 (b) of subdivision one of this section, to a person charged with or
56 convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE BY
A. 1128 4
1 REASON OF MENTAL DISEASE OR DEFECT, of that crime, or to the represen-
2 tative of such person as defined in subdivision six of section six
3 hundred twenty-one of this article; or (ii) any funds of a convicted
4 person, as defined in paragraph (c) of subdivision one of this section,
5 where such conviction is for a specified crime and the value, combined
6 value or aggregate value of the payment or payments of such funds
7 exceeds or will exceed ten thousand dollars, shall give written notice
8 to the office of the payment or obligation to pay as soon as practicable
9 after discovering that the payment or intended payment constitutes
10 profits from a crime or funds of a convicted person.
11 (b) Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
12 vision, whenever the payment or obligation to pay involves funds of a
13 convicted person that a superintendent, sheriff or municipal official
14 receives or will receive on behalf of an inmate serving a sentence with
15 the department of corrections and community supervision or prisoner
16 confined at a local correctional facility and deposits or will deposit
17 in an inmate account to the credit of the inmate or in a prisoner
18 account to the credit of the prisoner, and the value, combined value or
19 aggregate value of such funds exceeds or will exceed ten thousand
20 dollars, the superintendent, sheriff or municipal official shall also
21 give written notice to the office.
22 Further, whenever the state or subdivision of the state makes payment
23 or has an obligation to pay funds of a convicted person, as defined in
24 subparagraph (ii) [or], (iii) OR (IV) of paragraph (c) of subdivision
25 one of this section, and the value, combined value or aggregate value of
26 such funds exceeds or will exceed ten thousand dollars, the state or
27 subdivision of the state shall also give written notice to the office.
28 In all other instances where the payment or obligation to pay involves
29 funds of a convicted person, as defined in subparagraph (ii) [or], (iii)
30 OR (IV) of paragraph (c) of subdivision one of this section, and the
31 value, combined value or aggregate value of such funds exceeds or will
32 exceed ten thousand dollars, the convicted person who receives or will
33 receive such funds, or the representative of such person as defined in
34 subdivision six of section six hundred twenty-one of this article, shall
35 give written notice to the office.
36 (c) The office, upon receipt of notice of a contract, an agreement to
37 pay or payment of profits from a crime or funds of a convicted person
38 pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
39 notice of funds of a convicted person from the superintendent, sheriff
40 or municipal official of the facility where the inmate or prisoner is
41 confined pursuant to section one hundred sixteen or five hundred-c of
42 the correction law, shall notify all known crime victims of the exist-
43 ence of such profits or funds at their last known address.
44 S 2. This act shall take effect immediately.