STATE OF NEW YORK
       ________________________________________________________________________
 
                                         2618
 
                              2001-2002 Regular Sessions
 
                    IN SENATE
 
                                   February 15, 2001
                                      ___________
 
       Introduced  by  Sens.  RATH, ALESI, DeFRANCISCO, LARKIN, MALTESE, McGEE,
         PADAVAN, SKELOS, TRUNZO -- read twice and ordered  printed,  and  when
         printed to be committed to the Committee 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
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01382-01-1

       S. 2618                             2
 
    1  this  subdivision  after the expiration of all other applicable statutes
    2  of limitation, any other crime victims must file any action for  damages
    3  as  a  result of the crime within three years of the actual discovery of
    4  profits  from  the  crime  or  of  actual notice received from or notice
    5  published by the crime victims  board  of  such  discovery  pursuant  to
    6  subdivision  five  of  section six hundred thirty-two-a of the executive
    7  law, whichever is later.
    8    § 2. Paragraph (b) of subdivision 1 of section 632-a of the  executive
    9  law,  as added by chapter 618 of the laws of 1992, is amended to read as
   10  follows:
   11    (b) "Profits from the crime" means (i) any property  obtained  through
   12  or  income generated from the commission of a crime of which the defend-
   13  ant was convicted; (ii) any property obtained  by  or  income  generated
   14  from  the sale, conversion or exchange of proceeds of a crime, including
   15  any gain realized by such sale, conversion or exchange; [and] (iii)  any
   16  property which the defendant obtained or income generated as a result of
   17  having  committed  the  crime, including any assets obtained through the
   18  use of unique knowledge obtained during the commission of, or in  prepa-
   19  ration  for  the  commission  of,  the  crime,  as  well as any property
   20  obtained by or income generated from the sale, conversion or exchange of
   21  such property  and  any  gain  realized  by  such  sale,  conversion  or
   22  exchange;  and  (iv) any recovery obtained by or on behalf of the person
   23  who committed  the  crime  for  any  injuries  or  damages  such  person
   24  sustained  in  the  commission  of  the crime or in the immediate flight
   25  therefrom.
   26    § 3. This act shall take effect on  the  first  day  of  January  next
   27  succeeding  the date on which it shall have become a law and shall apply
   28  to all convictions occurring and all profits from the crime received  on
   29  and after such date.

 
BILL NUMBER: S2618
 
SPONSOR: RATH

 
TITLE:  AN ACT to amend the CPLR and Executive Law with respect to
extending the statute of limitations on actions by crime victims against
perpetrators.
 
 
SUMMARY OF 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.
 
 
PURPOSE AND JUSTIFICATION:  Extend 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.
 
 
EXISTING LAW:
 
 
PRIOR LEGISLATIVE HISTORY:  2000- S.3689/A.9208- PASSED SENATE/CODES
 
1999- S.3689/A.9208- PASSED SENATE/GOV'T OPS
 
1997- S.4412/A.8012- PASSED SENATE/CODES
 
1995-96 - S.5359/A.8167
 
 
FISCAL IMPLICATIONS:  None
 
 
EFFECTIVE DATE:  This act shall take effect the first day of January
next succeeding 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.