Bill Text: NY S09914 | 2023-2024 | General Assembly | Introduced

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Bill Title: Implements "Cassie's law" which provides a private right of action for crime victims against persons or private entities who suppress evidence of a crime in exchange for monetary compensation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-09-18 - REFERRED TO RULES [S09914 Detail]

Download: New_York-2023-S09914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9914

                    IN SENATE

                                   September 18, 2024
                                       ___________

        Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general obligations law, in relation to implementing
          the "Cassie's law"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "Cassie's law".
     3    § 2. Article 5 of the general obligations law is amended by  adding  a
     4  new title 18 to read as follows:
     5                                   TITLE 18
     6            CERTAIN CONTRACTS RENDERING CRIMINAL ASSISTANCE VOID

     7  Section 5-1801. Certain contracts rendering criminal assistance void.
     8    § 5-1801. Certain contracts rendering criminal assistance void. 1. For
     9  the purposes of this section, a person or private entity "renders crimi-
    10  nal  assistance"  when,  with  intent  to  prevent,  hinder or delay the
    11  discovery or apprehension of,  or  the  lodging  of  a  criminal  charge
    12  against,  an alleged offender who such person or private entity knows or
    13  believes has committed a crime or is being  sought  by  law  enforcement
    14  officials  for  the commission of a crime, such person or private entity
    15  suppresses, by any act of concealment, alteration  or  destruction,  any
    16  physical  evidence  which  might aid in the discovery or apprehension of
    17  such alleged offender or in the lodging of  a  criminal  charge  against
    18  such  alleged  offender in exchange for monetary or non-monetary compen-
    19  sation.
    20    2. Every undertaking or promise, whether written or oral,  express  or
    21  implied,  constituting  or  contained,  in  any contract or agreement to
    22  render criminal assistance between any individual or private entity,  is
    23  hereby  declared  to  be  contrary to public policy and wholly void. The
    24  victim of a crime, who was the subject of the  undertaking  or  promise,
    25  whether  written or oral, express or implied, constituting or contained,
    26  in any contract or agreement to render criminal assistance  between  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15746-02-4
        S. 9914                             2

     1  individual  or  private  entity,  shall  have  a right of private action
     2  against such individual or private entity.
     3    3.  Nothing  in  this section shall be deemed to abrogate or otherwise
     4  limit any right or remedy otherwise conferred by federal or state law.
     5    4. A cause of action under this section shall be  commenced  no  later
     6  than  five  years  from the date a crime victim discovers, or reasonably
     7  should have discovered, such concealment of a crime by either  a  person
     8  or private entity.
     9    § 3. This act shall take effect immediately.