S T A T E   O F   N E W   Y O R K
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                                  3045

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by M. of A. REILICH, KOLB, FINCH -- Multi-Sponsored by -- M.
  of A. BARCLAY, CROUCH, McDONOUGH,  OAKS,  TEDISCO  --  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:

  Section 1. The executive law is amended by adding a new section  632-b
to read as follows:
  S  632-B.  PROCEEDS  OF CIVIL RECOVERIES OBTAINED BY PRISONERS AGAINST
STATE AND LOCAL GOVERNMENTS. 1. DEFINITIONS:
  (A) "CRIME" SHALL MEAN ANY FELONY OR MISDEMEANOR DEFINED IN THE  PENAL
LAW OR ANY OTHER CHAPTER OF THE CONSOLIDATED LAWS OF THE STATE.
  (B) "PRISONER" SHALL MEAN A PERSON CONVICTED OF A CRIME DEFINED IN THE
PENAL  LAW  OR  ANY OTHER CHAPTER OF THE CONSOLIDATED LAWS OF THE STATE,
SERVING A SENTENCE OF INCARCERATION  AT  THE  TIME  A  CAUSE  OF  ACTION
ACCRUED.
  (C)  "VICTIM"  SHALL  MEAN  (I)  THE VICTIM OF ANY CRIME FOR WHICH THE
PRISONER HAS BEEN CONVICTED; (II) THE REPRESENTATIVE OF ANY SUCH VICTIM,
AS DEFINED IN SUBDIVISION SIX OF SECTION SIX HUNDRED TWENTY-ONE OF  THIS
ARTICLE;  AND  (III)  THE OFFICE OF VICTIM SERVICES OR ANY OTHER GOVERN-
MENTAL AGENCY THAT HAS RECEIVED AN APPLICATION FOR OR PROVIDED FINANCIAL
ASSISTANCE OR COMPENSATION TO SUCH VICTIM.
  2. (A) UPON ENTRY OF JUDGMENT OR SETTLEMENT OF ANY  CLAIM  MADE  BY  A
PRISONER  PURSUANT TO SECTION TWENTY OF THE COURT OF CLAIMS ACT, SECTION
SEVENTY OF THE GENERAL MUNICIPAL LAW OR SECTION SEVENTEEN OR EIGHTEEN OF
THE PUBLIC OFFICERS LAW, WRITTEN NOTICE OF SUCH JUDGMENT  OR  SETTLEMENT
SHALL  BE GIVEN TO THE OFFICE OF VICTIM SERVICES BY THE ATTORNEY GENERAL
IN CLAIMS INVOLVING THE STATE, OR  THE  ATTORNEY  OF  RECORD  IN  CLAIMS
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.
                                                           LBD01601-01-3
              

A. 3045                             2

  (B)  NOTWITHSTANDING  ANY  OTHER LAW TO THE CONTRARY, THE PAYMENT TO A
PRISONER OF ANY JUDGMENT OR SETTLEMENT OF ANY CLAIM PURSUANT TO  SECTION
TWENTY OF THE COURT OF CLAIMS ACT, SECTION SEVENTY OF THE GENERAL MUNIC-
IPAL  LAW  OR  SECTION  SEVENTEEN OR EIGHTEEN OF THE PUBLIC OFFICERS LAW
SHALL  BE  HELD  IN  ABEYANCE FOR SIXTY DAYS FOLLOWING THE SUBMISSION OF
WRITTEN NOTICE OF THE JUDGMENT OR SETTLEMENT TO  THE  OFFICE  OF  VICTIM
SERVICES.
  (C)  UPON  RECEIPT OF WRITTEN NOTICE PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE OFFICE SHALL TAKE SUCH PROMPT ACTION AS MAY  BE  APPRO-
PRIATE  TO  (I)  ASCERTAIN  THE  NAME  AND  ADDRESS OF EACH VICTIM, (II)
PROVIDE WRITTEN NOTICE OF SUCH JUDGMENT OR SETTLEMENT AND THE PROVISIONS
OF THIS SECTION TO EACH VICTIM, AND (III) PUBLISH AT LEAST ONCE  AND  IN
AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHEREIN THE
CRIME WAS COMMITTED AND IN THE COUNTIES CONTIGUOUS  TO  SUCH  COUNTY,  A
LEGAL  NOTICE  ADVISING  ANY VICTIM OF THE JUDGMENT OR SETTLEMENT AND OF
THE PROVISIONS OF THIS SECTION.
  3. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE  ESTATES,  POWERS
AND  TRUSTS  LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT TO THE
TIMELY BRINGING OF AN ACTION, A VICTIM SHALL HAVE THE RIGHT TO  BRING  A
CIVIL  ACTION  IN  A  COURT  OF  COMPETENT JURISDICTION TO RECOVER MONEY
DAMAGES FROM THE PRISONER OR THE LEGAL REPRESENTATIVE  OF  THE  PRISONER
WITHIN  THREE  YEARS  OF  THE RECEIPT OF THE NOTICE PROVIDED PURSUANT TO
PARAGRAPH (C) OF SUBDIVISION TWO OF THIS  SECTION.  ANY  DAMAGES  SUBSE-
QUENTLY  AWARDED  IN  SUCH  ACTION  SHALL  BE RECOVERABLE ONLY UP TO THE
AMOUNT OF THE PAYMENT SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION  TWO  OF
THIS SECTION.
  4.  UPON  FILING  AN  ACTION  PURSUANT  TO  SUBDIVISION  THREE OF THIS
SECTION, THE VICTIM SHALL GIVE WRITTEN  NOTICE  OF  THE  FILING  TO  THE
OFFICE TOGETHER WITH A COPY OF THE SUMMONS AND COMPLAINT. THE VICTIM MAY
ALSO GIVE WRITTEN NOTICE TO THE OFFICE OF THE VICTIM'S INTENTION TO FILE
AN  ACTION  TO ALLOW THE OFFICE TO ASSIST THE VICTIM IN APPLYING FOR ANY
APPROPRIATE PROVISIONAL REMEDY WHICH  MAY  BE  AVAILABLE  PRIOR  TO  THE
COMMENCEMENT OF THE ACTION.
  5. UPON RECEIPT OF THE WRITTEN NOTICE SPECIFIED IN SUBDIVISION FOUR OF
THIS  SECTION, THE OFFICE SHALL TAKE SUCH PROMPT ACTION AS MAY BE APPRO-
PRIATE TO:
  (A) ASCERTAIN THE NAME AND ADDRESS OF EACH VICTIM,
  (B) PROVIDE WRITTEN NOTICE OF THE PENDENCY OF THE ACTION, THE JUDGMENT
OR SETTLEMENT, AND THE PROVISIONS OF THIS SECTION TO EACH VICTIM,
  (C) PUBLISH AT LEAST ONCE AND IN AT LEAST  ONE  NEWSPAPER  OF  GENERAL
CIRCULATION  IN  THE  COUNTY  WHEREIN THE CRIME WAS COMMITTED AND IN THE
COUNTIES CONTIGUOUS TO SUCH COUNTY, A LEGAL NOTICE ADVISING  VICTIMS  OF
THE  PENDENCY  OF  THE  ACTION,  THE  JUDGMENT  OR  SETTLEMENT,  AND THE
PROVISIONS OF THIS SECTION, AND
  (D) PROVIDE SUCH ASSISTANCE TO A VICTIM AS MAY PREVENT  THE  DISBURSE-
MENT  OR  SUBSEQUENT WASTING OF THE PAYMENT TO THE PRISONER OF THE JUDG-
MENT OR SETTLEMENT, IN ANY MANNER CONSISTENT  WITH  SUBDIVISION  SIX  OF
THIS SECTION.
  6.  THE OFFICE, ACTING ON BEHALF OF ANY OR ALL VICTIMS, SHALL HAVE THE
RIGHT TO APPLY TO A COURT OF COMPETENT  JURISDICTION  FOR  ANY  AND  ALL
PROVISIONAL REMEDIES THAT ARE ALSO OTHERWISE AVAILABLE TO A VICTIM.
  (A)  THE  PROVISIONAL REMEDIES OF ATTACHMENT, INJUNCTION, RECEIVERSHIP
AND NOTICE OF PENDENCY AVAILABLE TO A VICTIM UNDER  THE  CIVIL  PRACTICE
LAW AND RULES SHALL ALSO BE AVAILABLE TO THE OFFICE IN ALL ACTIONS UNDER
THIS SECTION.

A. 3045                             3

  (B) ON A MOTION FOR A PROVISIONAL REMEDY, THE MOVING PARTY SHALL STATE
WHETHER  ANY  OTHER PROVISIONAL REMEDY HAS PREVIOUSLY BEEN SOUGHT IN THE
SAME ACTION AGAINST THE SAME DEFENDANT. THE COURT MAY REQUIRE THE MOVING
PARTY TO ELECT BETWEEN THOSE REMEDIES TO WHICH  IT  WOULD  OTHERWISE  BE
ENTITLED.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.