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SB1201 Summary:

BILL NOS01201
 
SAME ASNo Same As
 
SPONSORCARLUCCI
 
COSPNSRPERALTA
 
MLTSPNSR
 
Amd 1310 & 1311, CPLR
 
Relates to creating a civil course of action to recover the value of any benefit received from any retirement system by an elected official convicted of certain felonies; defines proceeds of a violation of the public trust and post conviction forfeiture crime involving an elected official.
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SB1201 Actions:

BILL NOS01201
 
01/06/2017REFERRED TO CODES
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SB1201 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1201
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 6, 2017
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- 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, in relation to  creat-
          ing  a  civil  course  of  action  to recover the value of any benefit
          received from any public retirement system or retirement  plan  by  an
          elected official who has been convicted of certain felonies
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1310 of the civil practice law and rules is amended
     2  by adding a new subdivision 2-a to read as follows:
     3    2-a. "Proceeds of a violation of the public  trust"  means  an  amount
     4  equivalent to the monetary value of any benefit received from any public
     5  retirement  system  or  retirement  plan  by an elected official who has
     6  committed a felony crime  as  defined  in  subdivision  five-a  of  this
     7  section.
     8    §  2.  Section  1310 of the civil practice law and rules is amended by
     9  adding a new subdivision 5-a to read as follows:
    10    5-a. "Post-conviction forfeiture crime involving an elected  official"
    11  means:
    12    (a)  any felony for committing, aiding or abetting a larceny of public
    13  funds from the state or a municipality;
    14    (b) any felony committed in  direct  connection  with  service  as  an
    15  elected official; or
    16    (c)  any  felony  committed  by  such  person  who, with the intent to
    17  defraud, realizes or obtains,  or  attempts  to  realize  or  obtain,  a
    18  profit,  gain  or  advantage  for  himself  or herself or for some other
    19  person, through the use or attempted use of the  power,  rights,  privi-
    20  leges or duties of his or her position as an elected official.
    21    §  3.  The  opening  paragraph of subdivision 1 of section 1311 of the
    22  civil practice law and rules, as amended by chapter 655 of the  laws  of
    23  1990, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01957-01-7

        S. 1201                             2
 
     1    A  civil action may be commenced by the appropriate claiming authority
     2  against a criminal defendant to recover the property  which  constitutes
     3  the proceeds of a crime, the substituted proceeds of a crime, an instru-
     4  mentality  of a crime or the real property instrumentality of a crime or
     5  to  recover  a  money  judgment  in an amount equivalent in value to the
     6  property which constitutes the proceeds  of  a  crime,  the  substituted
     7  proceeds of a crime, an instrumentality of a crime, or the real property
     8  instrumentality  of  a  crime.  A  civil  action may be commenced by the
     9  appropriate claiming authority against an elected official to recover  a
    10  money  judgment  which  constitutes  the  proceeds of a violation of the
    11  public trust. A civil action may be  commenced  against  a  non-criminal
    12  defendant  to  recover  the property which constitutes the proceeds of a
    13  crime, the substituted proceeds of a  crime,  an  instrumentality  of  a
    14  crime,  or the real property instrumentality of a crime provided, howev-
    15  er, that a judgment of forfeiture predicated upon clause (A) of subpara-
    16  graph (iv) of paragraph (b) of subdivision three hereof shall be limited
    17  to the amount of the proceeds of the crime. Any action under this  arti-
    18  cle  must  be commenced within five years of the commission of the crime
    19  and shall be civil, remedial, and in personam in nature and shall not be
    20  deemed to be a penalty or criminal forfeiture for any purpose. Except as
    21  otherwise specially provided by  statute,  the  proceedings  under  this
    22  article  shall be governed by this chapter. An action under this article
    23  is not a criminal proceeding and may not be  deemed  to  be  a  previous
    24  prosecution under article forty of the criminal procedure law. An action
    25  under this article against an elected official who is not subject to the
    26  provisions  of article three-B of the retirement and social security law
    27  shall not in any way be deemed to impede or impair any rights or  privi-
    28  leges  afforded  to  such  elected  official  as  a member of any public
    29  retirement system or retirement plan.
    30    § 4. Subdivision 1 of section 1311 of the civil practice law and rules
    31  is amended by adding a new paragraph (a-1) to read as follows:
    32    (a-1) Actions relating to post-conviction forfeiture crimes  involving
    33  elected  officials.  An  action relating to a post-conviction forfeiture
    34  crime involving an elected official must be grounded upon  a  conviction
    35  of  a felony defined in subdivision five-a of section one thousand three
    36  hundred ten of this article, or upon criminal activity  arising  from  a
    37  common  scheme  or  plan of which such a conviction is a part, or upon a
    38  count of an indictment  or  information  alleging  a  felony  which  was
    39  dismissed at the time of a plea of guilty to a felony in satisfaction of
    40  such  count.  A court may not grant forfeiture until such conviction has
    41  occurred. However, an action may be commenced, and a court may  grant  a
    42  provisional remedy provided under this article, prior to such conviction
    43  having occurred. An action under this paragraph must be dismissed at any
    44  time  after  sixty  days  of  the  commencement of the action unless the
    45  conviction upon which the action is grounded has occurred, or an indict-
    46  ment or information upon which the asserted conviction is to be based is
    47  pending in a superior court. An action under  this  paragraph  shall  be
    48  stayed  during the pendency of a criminal action which is related to it;
    49  provided, however, that such stay shall  not  prevent  the  granting  or
    50  continuance of any provisional remedy provided under this article or any
    51  other provisions of law.
    52    § 5. This act shall take effect immediately.
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