Provides that in any action commenced under the state's anti-trust law, the court may direct that all or any part of a criminal fine or civil penalty imposed upon a violator may, in the court's discretion, be ordered to be deposited with the office of victim services.
TITLE OF BILL: An act to amend the general business law and the executive law, in relation to the disposition of certain fines
PURPOSE OR GENERAL IDEA OF THE BILL: This bill would grant a court discretion to designate that part or all of any fine or penalty paid by an adjudicated violator of the State's Antitrust Law be paid to the Office of Victim Services.
SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new subsection 347-a to the Donnelly Act, the State's Antitrust Law (General Business Law, SS 240-347) to provide a sentencing court with discretion to direct that part or all of any criminal fine or civil penalty paid by an adjudicated violator of the Antitrust Law deposited with the Office of Victim Services to be expanded pursuant to Executive Law, Article 22. Executive Law S 623 (19) is amended to facilitate this expenditure.
JUSTIFICATION: Antitrust crime by its very nature is economic crime against the pecuniary interest of broad segments of the populace. In these cases it is appropriate for courts to be given discretion to direct that part or all of the monies paid as criminal fines or civil penalties be paid to the Office of Victim Services, an agency with a broad public purpose. In 1982, Justice O'Donoghue of the Supreme Court, Kings County expressed the desire to direct that fines be paid by four convicted defendants in the milk price fixing case be paid to the Victims Services Agency of Queens County. He sought the Attorney General's opinion and was advised that the court had no such discretion under current law. This bill would grant the court such discretion.
PRIOR LEGISLATIVE HISTORY: 2012: A.9028 - Passed Assembly 2011: A.2942-A - Passed Assembly 2009-10: A.1046 - Passed Assembly 2007-08: A.931 - Passed Assembly 2005-06: A.257 - Passed Assembly
FISCAL IMPLICATIONS: This bill would generate revenues in an undetermined amount by providing a new source of funding for the Office of Victim Services.
EFFECTIVE DATE: Sixtieth day following enactment: applicable to any judgment entered or fine or penalty levied on or after such date.
STATE OF NEW YORK ________________________________________________________________________ 7577 IN SENATE May 15, 2014 ___________Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the executive law, in relation to the disposition of certain fines THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 347-a to read as follows: S 347-A. FINES PAYABLE TO THE OFFICE OF VICTIM SERVICES. FOLLOWING SENTENCING FOR A CRIME PURSUANT TO SECTION THREE HUNDRED FORTY-ONE OF THIS ARTICLE OR UPON A JUDGMENT PURSUANT TO SECTION THREE HUNDRED FORTY-TWO-A OF THIS ARTICLE, THE COURT IN ITS DISCRETION MAY DETERMINE THAT ANY FINE OR PENALTY OR ANY PORTION THEREOF SHALL BE PAID TO THE OFFICE OF VICTIM SERVICES TO BE EXPENDED FOR ANY PURPOSE OF ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW AS PROVIDED BY SUBDIVISION NINETEEN OF SECTION SIX HUNDRED TWENTY-THREE OF SUCH LAW. S 2. Subdivision 19 of section 623 of the executive law, as amended by section 8 of part A-1 of chapter 56 of the laws of 2010, is amended to read as follows: 19. To accept, with the approval of the governor, as agent of the state, any grant including federal grants, ANY FINES OR PENALTIES IMPOSED PURSUANT TO SECTION THREE HUNDRED FORTY-ONE OR THREE HUNDRED FORTY-TWO-A OF THE GENERAL BUSINESS LAW AND MADE PAYABLE TO THE OFFICE PURSUANT TO SECTION THREE HUNDRED FORTY-SEVEN-A OF SUCH LAW, or any gift for the purposes of this article. Any monies so received may be expended by the office to effectuate any purpose of this article, subject to the applicable provisions of the state finance law. S 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to any judgment entered or fine or penalty imposed on or after such date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09255-01-3