S T A T E O F N E W Y O R K ________________________________________________________________________ 8012 1997-1998 Regular Sessions I N A S S E M B L Y May 20, 1997 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lentol) -- read once and referred 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 ________________________________________________________________________ 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. LBD01738-01-7 A. 8012 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 January 1, 1998 and shall apply to all 26 convictions occurring and all profits from the crime received on and 27 after such date.