A1863   Kaufman   Same as S 2618  RATH  
Civil Practice Law and Rules
TITLE....Provides 10 year statute of limitation from date of conviction for action by crime victim and includes personal injury award to criminal in profits from crime

KAUFMAN
Amd S213-b, CPLR; amd S632-a, Exec L
Provides 10 year statute of limitation from date of conviction for action by crime victim, 3 year statute of limitation on action by victim for profits from crime and includes personal injury award to criminal in profits from crime.

 
                STATE OF NEW YORK
       ________________________________________________________________________
 
                                         1863
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   January 16, 2001
                                      ___________
 
       Introduced  by M. of A. KAUFMAN -- read once and referred to the Commit-
         tee on Codes
 
       AN ACT to amend the civil practice law and rules and the executive  law,
         in  relation  to  extending the statute of limitations on actions by a
         victim of a crime and including damages from certain  personal  injury
         actions  received  by person who committed a crime as profits from the
         crime
 
         The People of the State of New York, represented in Senate and  Assem-
       bly, do enact as follows:
 
    1    Section 1. Section 213-b of the civil practice law and rules, as added
    2  by chapter 618 of the laws of 1992, is amended to read as follows:
    3    §  213-b. Action by a victim of a criminal offense. 1. Notwithstanding
    4  any other limitation set forth in this article or in article five of the
    5  estates, powers and trusts law, an action by  a  crime  victim,  or  the
    6  representative  of  a  crime  victim,  as  defined in subdivision six of
    7  section six hundred twenty-one of the executive law, may be commenced to
    8  recover damages from a defendant convicted  of  a  crime  which  is  the
    9  subject of such action, for any injury or loss resulting therefrom with-
   10  in  [seven]  ten years of the date of the [crime] defendant's conviction
   11  for such crime.
   12    2.  Notwithstanding any inconsistent provision of this chapter or  the
   13  estates,  powers  and trusts law, with respect to the timely bringing of
   14  an action, any crime victim, as defined in paragraph (c) of  subdivision
   15  one of section six hundred thirty-two-a of the executive law, shall have
   16  the  right  to bring a civil action in a court of competent jurisdiction
   17  to recover money damages from a person convicted of a crime of which  he
   18  or  she  is  a  victim,  or  the  legal representative of that convicted
   19  person, within three years of the discovery of any profits of the crime,
   20  as defined in paragraph (b) of subdivision one of  section  six  hundred
   21  thirty-two-a  of  the executive law.   If an action is filed pursuant to
   22  this subdivision after the expiration of all other  applicable  statutes
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01382-01-1

       A. 1863                             2
 
    1  of  limitation, any other crime victims must file any action for damages
    2  as a result of the crime within three years of the actual  discovery  of
    3  profits  from  the  crime  or  of  actual notice received from or notice
    4  published  by  the  crime  victims  board  of such discovery pursuant to
    5  subdivision five of section six hundred thirty-two-a  of  the  executive
    6  law, whichever is later.
    7    §  2. Paragraph (b) of subdivision 1 of section 632-a of the executive
    8  law, as added by chapter 618 of the laws of 1992, is amended to read  as
    9  follows:
   10    (b)  "Profits  from the crime" means (i) any property obtained through
   11  or income generated from the commission of a crime of which the  defend-
   12  ant  was  convicted;  (ii)  any property obtained by or income generated
   13  from the sale, conversion or exchange of proceeds of a crime,  including
   14  any  gain realized by such sale, conversion or exchange; [and] (iii) any
   15  property which the defendant obtained or income generated as a result of
   16  having committed the crime, including any assets  obtained  through  the
   17  use  of unique knowledge obtained during the commission of, or in prepa-
   18  ration for the commission  of,  the  crime,  as  well  as  any  property
   19  obtained by or income generated from the sale, conversion or exchange of
   20  such  property  and  any  gain  realized  by  such  sale,  conversion or
   21  exchange; and (iv) any recovery obtained by or on behalf of  the  person
   22  who  committed  the  crime  for  any  injuries  or  damages  such person
   23  sustained in the commission of the crime  or  in  the  immediate  flight
   24  therefrom.
   25    §  3.  This  act  shall  take  effect on the first day of January next
   26  succeeding the date on which it shall have become a law and shall  apply
   27  to  all convictions occurring and all profits from the crime received on
   28  and after such date.

 
BILL NUMBER: A1863
 
SPONSOR: Kaufman

 
TITLE OF BILL:  An act to amend the civil practice law and rules and
the executive law, in relation to extending the statute of limitations
on actions by a victim of a crime and including damages from certain
personal injury actions received by person who committed a crime as
profits from the crime
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
Provides 10 year statute of limitation from date of conviction for
action by crime victim and includes personal injury award to criminal in
profits from crime.
 
SUMMARY OF SPECIFIC PROVISIONS:
 
1. Extends statute of limitations contained in CPLR 213-b from seven
years after the crime to ten years after conviction.
 
2. Creates new action to recover any profits from the crime and allows
that action to be brought within three years from discovery.
 
 
JUSTIFICATION:   Extends statute of limitations so that a crime victim
can bring an action against the perpetrator after conviction and upon
discovery of any profits from the crime.
 
Provides a longer statute of limitations for crime victims so that they
can wait for a criminal conviction before bringing a lawsuit against the
perpetrator.  Also allows a crime victim to sue upon discovery of the
perpetrator obtaining profits from the crime committed.
 
 
PRIOR LEGISLATIVE HISTORY:
2000: A.9208/S.3689 - Passed Senate
 
 
FISCAL IMPLICATIONS: None
 
 
EFFECTIVE DATE:  This act shall take effect on January 1 next succeed-
ing the date on which it shall have become law and shall apply to all
convictions occurring and all profits from the crime received on and
after such date.