S T A T E O F N E W Y O R K
________________________________________________________________________
3689
1999-2000 Regular Sessions
I N S E N A T E
March 12, 1999
___________
Introduced by Sens. RATH, DeFRANCISCO, LARKIN, MALTESE, McGEE, PADAVAN,
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 S 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.
LBD09664-01-9
S. 3689 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 S 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 S 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.
.SO DOC S 3689 *END* BTXT 1999
Bill S03689
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