Provides that the proceeds of civil recoveries obtained by prison inmates against state and local governments shall be made available to their victims; sets forth directions for victims and the crime victims board to follow.
STATE OF NEW YORK
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2299
2015-2016 Regular Sessions
IN ASSEMBLY
January 15, 2015
___________
Introduced by M. of A. MONTESANO, DUPREY, McDONOUGH, FINCH, LALOR --
Multi-Sponsored by -- M. of A. CERETTO, CROUCH -- read once and
referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to making available to
their victims the proceeds of civil recoveries obtained by prisoners
against state and local governments
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 632-b
2 to read as follows:
3 § 632-b. Proceeds of civil recoveries obtained by prisoners against
4 state and local governments. 1. Definitions:
5 (a) "Crime" shall mean any felony or misdemeanor defined in the penal
6 law or any other chapter of the consolidated laws of the state.
7 (b) "Prisoner" shall mean a person convicted of a crime defined in the
8 penal law or any other chapter of the consolidated laws of the state,
9 serving a sentence of incarceration at the time a cause of action
10 accrued.
11 (c) "Victim" shall mean (i) the victim of any crime for which the
12 prisoner has been convicted; (ii) the representative of any such victim,
13 as defined in subdivision six of section six hundred twenty-one of this
14 article; and (iii) the office of victim services or any other govern-
15 mental agency that has received an application for or provided financial
16 assistance or compensation to such victim.
17 2. (a) Upon entry of judgment or settlement of any claim made by a
18 prisoner pursuant to section twenty of the court of claims act, section
19 seventy of the general municipal law or section seventeen or eighteen of
20 the public officers law, written notice of such judgment or settlement
21 shall be given to the office of victim services by the attorney general
22 in claims involving the state, or the attorney of record in claims
23 involving a county, city, town, village or other municipality.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05090-01-5
A. 2299 2
1 (b) Notwithstanding any other law to the contrary, the payment to a
2 prisoner of any judgment or settlement of any claim pursuant to section
3 twenty of the court of claims act, section seventy of the general munic-
4 ipal law or section seventeen or eighteen of the public officers law
5 shall be held in abeyance for sixty days following the submission of
6 written notice of the judgment or settlement to the office of victim
7 services.
8 (c) Upon receipt of written notice pursuant to paragraph (a) of this
9 subdivision, the office shall take such prompt action as may be appro-
10 priate to (i) ascertain the name and address of each victim, (ii)
11 provide written notice of such judgment or settlement and the provisions
12 of this section to each victim, and (iii) publish at least once and in
13 at least one newspaper of general circulation in the county wherein the
14 crime was committed and in the counties contiguous to such county, a
15 legal notice advising any victim of the judgment or settlement and of
16 the provisions of this section.
17 3. Notwithstanding any inconsistent provision of the estates, powers
18 and trusts law or the civil practice law and rules with respect to the
19 timely bringing of an action, a victim shall have the right to bring a
20 civil action in a court of competent jurisdiction to recover money
21 damages from the prisoner or the legal representative of the prisoner
22 within three years of the receipt of the notice provided pursuant to
23 paragraph (c) of subdivision two of this section. Any damages subse-
24 quently awarded in such action shall be recoverable only up to the
25 amount of the payment specified in paragraph (b) of subdivision two of
26 this section.
27 4. Upon filing an action pursuant to subdivision three of this
28 section, the victim shall give written notice of the filing to the
29 office together with a copy of the summons and complaint. The victim may
30 also give written notice to the office of the victim's intention to file
31 an action to allow the office to assist the victim in applying for any
32 appropriate provisional remedy which may be available prior to the
33 commencement of the action.
34 5. Upon receipt of the written notice specified in subdivision four of
35 this section, the office shall take such prompt action as may be appro-
36 priate to:
37 (a) ascertain the name and address of each victim,
38 (b) provide written notice of the pendency of the action, the judgment
39 or settlement, and the provisions of this section to each victim,
40 (c) publish at least once and in at least one newspaper of general
41 circulation in the county wherein the crime was committed and in the
42 counties contiguous to such county, a legal notice advising victims of
43 the pendency of the action, the judgment or settlement, and the
44 provisions of this section, and
45 (d) provide such assistance to a victim as may prevent the disburse-
46 ment or subsequent wasting of the payment to the prisoner of the judg-
47 ment or settlement, in any manner consistent with subdivision six of
48 this section.
49 6. The office, acting on behalf of any or all victims, shall have the
50 right to apply to a court of competent jurisdiction for any and all
51 provisional remedies that are also otherwise available to a victim.
52 (a) The provisional remedies of attachment, injunction, receivership
53 and notice of pendency available to a victim under the civil practice
54 law and rules shall also be available to the office in all actions under
55 this section.
A. 2299 3
1 (b) On a motion for a provisional remedy, the moving party shall state
2 whether any other provisional remedy has previously been sought in the
3 same action against the same defendant. The court may require the moving
4 party to elect between those remedies to which it would otherwise be
5 entitled.
6 § 2. This act shall take effect on the first of November next succeed-
7 ing the date on which it shall have become a law.
