S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2246
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. MONTESANO, McDONOUGH, FINCH, LALOR -- Multi-Spon-
   sored  by -- M.  of A. CROUCH -- read once and referred to the Commit-
   tee 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:
   § 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.
              

                                                            LBD06084-01-7

 A. 2246                             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. 2246                             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.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.