STATE OF NEW YORK
________________________________________________________________________
7260
2019-2020 Regular Sessions
IN ASSEMBLY
April 18, 2019
___________
Introduced by M. of A. QUART -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law, in relation to pre-criminal
proceeding settlements in the city of New York; and to amend chapter
55 of the laws of 2018 amending the criminal procedure law relating to
pre-criminal proceeding settlements in the city of New York, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 95.00 of the criminal procedure law, as added by
2 section 1 of part F of chapter 55 of the laws of 2018, is amended to
3 read as follows:
4 § 95.00 Pre-criminal proceeding settlement.
5 When a county district attorney of a county located in a city of one
6 million or more recovers monies before the filing of an accusatory
7 instrument as defined in subdivision one of section 1.20 of this chap-
8 ter, after injured parties have been appropriately compensated, [the
9 district attorney's office shall retain a percentage of the remaining
10 such monies in recognition that such monies were recovered as a result
11 of investigations undertaken by such office. For each recovery the total
12 amount of such monies to be retained by the county district attorney's
13 office shall equal ten percent of the first twenty-five million dollars
14 received by such office, plus seven and one-half percent of such monies
15 received by such office in excess of twenty-five million dollars but
16 less than fifty million dollars, plus five percent of any such monies
17 received by such office in excess of fifty million dollars but less than
18 one hundred million dollars, plus one percent of such monies received by
19 such office in excess of one hundred million dollars. The remainder of]
20 such monies shall be paid by the district attorney's office to the state
21 and to the county in equal amounts within thirty days of receipt, where
22 disposition of such monies is not otherwise prescribed by law. [Monies
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08785-01-9
A. 7260 2
1 distributed to a county district attorney's office pursuant to this
2 section shall be used to enhance law enforcement efforts within the
3 state of New York. On December first of each year, every district attor-
4 ney shall provide the governor, temporary president of the senate and
5 speaker of the assembly with an annual report detailing the total amount
6 of monies received as described herein by his or her office and a
7 description of how and where such funds were distributed by his or her
8 office but shall not include a description of the distribution of monies
9 where the disclosure of such information would interfere with a law
10 enforcement investigation or a judicial proceeding. The report shall
11 include a detailed description of any entity to which funds are distrib-
12 uted, including but not limited to, whether it is a profit or not-for-
13 profit entity, where it is located, and the intended use of the monies
14 distributed, and shall state the law enforcement purpose.]
15 § 2. Section 2 of part F of chapter 55 of the laws of 2018 amending
16 the criminal procedure law relating to pre-criminal proceeding settle-
17 ments in the city of New York is amended to read as follows:
18 § 2. This act shall take effect immediately [and shall remain in full
19 force and effect until March 31, 2019, when it shall expire and be
20 deemed repealed].
21 § 3. This act shall take effect immediately.