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

                                  8403

                          I N  A S S E M B L Y

                            January 15, 2014
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  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.
  (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.
              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD01601-01-3

A. 8403                             2

  (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.
  (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.