S T A T E O F N E W Y O R K
________________________________________________________________________
S. 759--A A. 1264--A
1999-2000 Regular Sessions
S E N A T E - A S S E M B L Y
(PREFILED)
January 6, 1999
___________
IN SENATE -- Introduced by Sens. JOHNSON, FARLEY, LARKIN, LAVALLE,
LIBOUS, MALTESE, MARCELLINO, MAZIARZ, MEIER, NOZZOLIO, PADAVAN, RATH,
SEWARD, TRUNZO, VELELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. HARENBERG -- read once and
referred to the Committee on Governmental Operations -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the executive law, the civil practice law and rules and
the tax law, in relation to personal injury awards for injuries
sustained by convicted violent felony offenders during the commission
or as a direct result of a crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new section 634-a
2 to read as follows:
3 S 634-A. RECEIVERSHIP; CIVIL AWARDS CONVICTED VIOLENT FELONY OFFEN-
4 DERS. 1. UPON RECEIPT OF A COPY OF A SUMMONS AND COMPLAINT AS PROVIDED
5 IN SECTION ONE THOUSAND TWENTY-SEVEN OF THE CIVIL PRACTICE LAW AND
6 RULES, THE BOARD SHALL IMMEDIATELY TAKE SUCH ACTIONS AS ARE NECESSARY TO
7 NOTIFY ALL KNOWN VICTIMS, IF ANY, DURING THE TEN YEAR PERIOD PRIOR TO
8 THE COMMENCEMENT OF THE ACTION, OF THE COMMENCEMENT OF THE CIVIL ACTION
9 AND THEIR ABILITY TO FILE A CLAIM WITH THE BOARD UPON NOTICE OF AN AWARD
10 IN SUCH ACTION, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHERE THE
11 VICTIMS` NAMES AND ADDRESSES ARE KNOWN BY THE BOARD.
12 2. NOTWITHSTANDING ANY PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES
13 TO THE CONTRARY, IN A CIVIL ACTION COMMENCED BY AN INDIVIDUAL CONVICTED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD01044-02-9
S. 759--A 2 A. 1264--A
1 OF A VIOLENT FELONY OFFENSE TO RECOVER FOR PERSONAL INJURIES SUSTAINED
2 EITHER DURING THE COMMISSION OF SUCH CRIME, WHILE FLEEING FROM SUCH
3 CRIME OR AS A DIRECT RESULT OF SUCH CRIME, THE BOARD SHALL BE APPOINTED
4 BY THE COURT AS RECEIVER OF ANY AWARD IN SUCH ACTION FOR A PERIOD OF TEN
5 YEARS, WHICH TERM CAN BE EXTENDED UPON THE BOARD`S APPLICATION FOR GOOD
6 CAUSE SHOWN, FOR AN ADDITIONAL TEN YEAR PERIOD, AND THE BOARD SHALL
7 RECEIVE A RECEIVERSHIP FEE OF TWENTY PERCENT OF SUCH AWARD AT THE TIME
8 SUCH AWARD IS MADE. THE BOARD SHALL DEPOSIT THE BALANCE OF SUCH AWARD IN
9 AN ESCROW ACCOUNT FOR THE BENEFIT AND PAYABLE TO ANY VICTIM OR THE LEGAL
10 REPRESENTATIVE OF ANY VICTIM OF CRIMES COMMITTED BY SUCH INDIVIDUAL.
11 3. THE BOARD SHALL UPON RECEIVING NOTICE FROM THE COURT OF AN AWARD IN
12 SUCH CIVIL ACTION, NOTIFY THE VICTIMS BY CERTIFIED MAIL, RETURN RECEIPT
13 REQUESTED OF THE AWARD, AND PROVIDE A CLAIM FORM FOR THE VICTIM TO FILE
14 A CLAIM WITH THE BOARD.
15 4. THE BOARD SHALL AFTER TAKING ITS FEE AS RECEIVER DISTRIBUTE THE
16 REMAINING FUNDS AS FOLLOWS:
17 (A) TWENTY PERCENT OF THE AWARD TO THE BOARD;
18 (B) ALL FEES DUE AND OWING THE ATTORNEYS HAVING REPRESENTED SUCH INDI-
19 VIDUAL IN THE CIVIL ACTION;
20 (C) REIMBURSE ALL HEALTH CARE INSURANCE PROVIDERS FOR PAYMENTS MADE TO
21 MEDICAL PROVIDERS ON BEHALF OF SUCH INDIVIDUAL IN RELATION TO THE INJU-
22 RIES ALLEGED IN THE CIVIL ACTION;
23 (D) REIMBURSE THE LOCAL AND STATE GOVERNMENT FOR THE FOLLOWING
24 EXPENSES INCURRED DURING THE TEN YEARS PRIOR TO THE COMMENCEMENT OF THE
25 CIVIL ACTION WITH RESPECT TO SUCH INDIVIDUAL:
26 (1) ALL EXPENSES RELATED TO REPRESENTATION BY THE PUBLIC DEFENDER;
27 (2) ALL COURT COSTS RELATED TO SUCH PROSECUTIONS;
28 (3) ALL COSTS RELATED TO INCARCERATION;
29 (4) ALL BENEFITS DISTRIBUTED BY SOCIAL SERVICES AGENCIES; AND
30 (5) ALL UNEMPLOYMENT INSURANCE BENEFITS;
31 (E) REIMBURSE THE LOCAL AND STATE GOVERNMENT FOR THE ANTICIPATED COSTS
32 OF INCARCERATION OF SUCH INDIVIDUAL FROM THE TIME THE CIVIL ACTION IS
33 COMMENCED UNTIL THE EXPIRATION OF THE TERM OF SUCH INDIVIDUAL`S SENTENCE
34 OF IMPRISONMENT;
35 (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE ESTATES, POWERS
36 AND TRUSTS LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT TO THE
37 TIMELY BRINGING OF AN ACTION, TO THE VICTIM OF THE SPECIFIC CRIMINAL ACT
38 INVOLVED IN THE CIVIL ACTION AN AMOUNT NOT TO EXCEED THREE AND ONE-HALF
39 TIMES THE VICTIM`S ACTUAL OUT-OF-POCKET EXPENSES AND PAIN AND SUFFERING,
40 LESS ANY AMOUNT PREVIOUSLY AWARDED BY THE BOARD;
41 (G) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE ESTATES, POWERS
42 AND TRUSTS LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT TO THE
43 TIMELY BRINGING OF AN ACTION, TO ALL VICTIMS OF CRIMES COMMITTED BY SUCH
44 INDIVIDUAL IN THE TEN YEARS IMMEDIATELY PRECEDING THE COMMENCEMENT OF
45 THE CIVIL ACTION AN AMOUNT NOT TO EXCEED THREE TIMES THEIR ACTUAL
46 OUT-OF-POCKET EXPENSES, LESS ANY AMOUNT PREVIOUSLY AWARDED BY THE BOARD;
47 AND
48 (H) THE BALANCE OF SUCH ESCROW ACCOUNT, LESS THE INTEREST ACCRUED BY
49 SUCH ACCOUNT, TO THE INDIVIDUAL COMMENCING SUCH CIVIL ACTION.
50 5. THE BOARD SHALL ESTABLISH SUCH RULES AND REGULATIONS AS ARE NECES-
51 SARY FOR THE IMPLEMENTATION OF THIS SECTION.
52 S 2. The civil practice law and rules is amended by adding a new
53 section 1027 to read as follows:
54 S 1027. SERVICE OF SUMMONS AND COMPLAINT; CRIME VICTIMS BOARDS. IN AN
55 ACTION COMMENCED BY A PERSON CONVICTED OF A VIOLENT FELONY OFFENSE FOR
56 PERSONAL INJURIES SUSTAINED EITHER DURING THE COMMISSION OF A CRIME OR
S. 759--A 3 A. 1264--A
1 WHILE FLEEING SUCH CRIME, SUCH PERSON SHALL SERVE A COPY OF THE SUMMONS
2 AND COMPLAINT ON THE CHAIRMAN OF THE CRIME VICTIMS BOARD.
3 S 3. The tax law is amended by adding a new section 612-a to read as
4 follows:
5 S 612-A. LUMP SUM DISTRIBUTION CRIME VICTIMS BOARD. THERE IS HEREBY
6 LEVIED AND IMPOSED A TAX ON THE FUNDS DISTRIBUTED TO A PERSON CONVICTED
7 OF A VIOLENT FELONY OFFENSE PURSUANT TO SECTION SIX HUNDRED
8 THIRTY-FOUR-A OF THE EXECUTIVE LAW IN THE AMOUNT OF TEN PERCENT OF THE
9 TOTAL AWARD IN SUCH ACTION. SUCH TAX SHALL BE DUE UPON DISTRIBUTION OF
10 SUCH FUNDS.
11 S 4. This act shall take effect on the first day of January next
12 succeeding the date on which it shall have become a law, except that any
13 rules and regulations necessary for the timely implementation of this
14 act on its effective date shall be promulgated on or before such date.
.SO DOC C 759A/1264A *END* BTXT 1999
Bill S00759
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