Relates to commencing an action based upon a restitution order, or profits from a crime, or funds of a convicted person pursuant to article 22 of the executive law.
STATE OF NEW YORK
________________________________________________________________________
6152
2019-2020 Regular Sessions
IN SENATE
May 20, 2019
___________
Introduced by Sens. SEPULVEDA, ADDABBO -- (at request of the Office of
Victim Services) -- read twice and ordered printed, and when printed
to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to commencing an action based upon a restitu-
tion order, or profits from a crime or funds of a convicted person
pursuant to article twenty-two of the executive law
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 6 of section 420.10 of the
2 criminal procedure law, as amended by chapter 618 of the laws of 1992,
3 is amended to read as follows:
4 (a) A fine, restitution or reparation imposed or directed by the court
5 shall be imposed or directed by a written order of the court containing
6 the amount thereof required to be paid by the defendant. The court's
7 order also shall direct the district attorney to file a certified copy
8 of such order with the county clerk of the county in which the court is
9 situate except where the court which issues such order is the supreme
10 court in which case the order itself shall be filed by the clerk of the
11 court acting in his or her capacity as the county clerk of the county in
12 which the court is situate. Such order shall be entered by the county
13 clerk in the same manner as a judgment in a civil action in accordance
14 with subdivision (a) of rule five thousand sixteen of the civil practice
15 law and rules. Notwithstanding any other provision of law, an action
16 upon such order may be commenced within twenty years of the date such
17 order was imposed by the court. Even if the defendant was imprisoned for
18 failure to pay such fine, restitution or reparation, or has served the
19 period of imprisonment imposed, such order after entry thereof pursuant
20 to this subdivision may be collected in the same manner as a judgment in
21 a civil action by the victim, as defined in paragraph (b) of subdivision
22 four of section 60.27 of the penal law, to whom restitution or repara-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09233-01-9
S. 6152 2
1 tion was ordered to be paid, the estate of such person or the district
2 attorney. The entered order shall be deemed to constitute a judgment-
3 roll as defined in [section] rule five thousand seventeen of the civil
4 practice law and rules and immediately after entry of the order, the
5 county clerk shall docket the entered order as a money judgment pursuant
6 to section five thousand eighteen of such law and rules. Wherever appro-
7 priate, the district attorney shall file a transcript of the docket of
8 the judgment with the clerk of any other county of the state. Such a
9 restitution or reparation order, when docketed shall be a first lien
10 upon all real property in which the defendant thereafter acquires an
11 interest, having preference over all other liens, security interests,
12 and encumbrances whatsoever, except:
13 (i) a lien or interest running to the benefit of the government of the
14 United States or the state of New York, or any political subdivision or
15 public benefit corporation thereof; or
16 (ii) a purchase money interest in any property.
17 § 2. Section 213-b of the civil practice law and rules, as amended by
18 chapter 62 of the laws of 2001, is amended to read as follows:
19 § 213-b. Action by a victim of a criminal offense. Notwithstanding any
20 other limitation set forth in this article or in article five of the
21 estates, powers and trusts law, an action by a crime victim, or the
22 representative of a crime victim, as defined in subdivision six of
23 section six hundred twenty-one of the executive law, may be commenced to
24 recover damages from a defendant[: (1)] convicted of a crime which is
25 the subject of such action, for any injury or loss resulting therefrom
26 within [seven] twenty years of the date of the crime [or (2) convicted
27 of a specified crime as defined in paragraph (e) of subdivision one of
28 section six hundred thirty-two-a of the executive law which is the
29 subject of such action for any injury or loss resulting therefrom within
30 ten years of the date the defendant was convicted of such specified
31 crime].
32 § 3. The opening paragraph of section 5014 of the civil practice law
33 and rules, as amended by chapter 115 of the laws of 1965, is amended to
34 read as follows:
35 Except as permitted by section 15-102 of the general obligations law
36 and paragraph (a) of subdivision six of section 420.10 of the criminal
37 procedure law, an action upon a money judgment entered in a court of the
38 state may only be maintained between the original parties to the judg-
39 ment where:
40 § 4. This act shall take effect on the one hundred eightieth day after
41 it shall have become a law.