NY State Senate Bill 2009-S3321

Senate Bill S3321

2009-2010 Legislative Session

Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2010	print number 3321a
May 21, 2010	amend and recommit to crime victims, crime and correction
Jan 06, 2010	referred to crime victims, crime and correction
Jun 01, 2009	reported and committed to codes
Mar 16, 2009	referred to crime victims, crime and correction

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S3321 - Details

See Assembly Version of this Bill:: A7517
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §632-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S2335, A4053

2009-S3321 - Summary

Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime and imposes civil liability for the failure to comply therewith.

2009-S3321 - Sponsor Memo

2009-S3321 - Bill Text download pdf

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

                                  3321

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

AN  ACT  to amend the executive law, in relation to payments received as
  profit for a crime

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (a)  of  subdivision 2 of section 632-a of the
executive law, as amended by chapter 62 of the laws of 2001, is  amended
to read as follows:
  (a) Every person, firm, corporation, partnership, association or other
legal entity, or representative of such person, firm, corporation, part-
nership,  association or entity, which knowingly contracts for, pays, or
agrees to pay: (i) any profits from a crime as defined in paragraph  (b)
of  subdivision  one  of  this  section,  to  a  person  charged with or
convicted of that crime, or to the  representative  of  such  person  as
defined  in  subdivision  six  of section six hundred twenty-one of this
article; or (ii) any funds of a convicted person, as  defined  in  para-
graph  (c)  of subdivision one of this section, where such conviction is
for a specified crime and the value, combined value or  aggregate  value
of  the  payment  or  payments  of such funds exceeds or will exceed ten
thousand dollars, OR TO A  PERSON  OR  ENTITY  ACTUALLY  KNOWN  TO  SUCH
PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTI-
TY  TO  BE  AN  AGENT  OR ASSIGNEE OF THE PERSON SO CHARGED OR CONVICTED
shall give written notice to the crime victims board of the  payment  or
obligation  to  pay  as  soon as practicable, BUT IN NO EVENT LATER THAN
THIRTY DAYS, after discovering that  the  payment  or  intended  payment
constitutes profits from a crime or funds of a convicted person. KNOWING
FAILURE  OF  THE  CONTRACTOR  TO  NOTIFY THE CRIME VICTIMS BOARD OF SUCH
PAYMENT, OBLIGATION TO PAY OR INTENDED PAYMENT SHALL RESULT IN  A  CIVIL
PENALTY  IN AN AMOUNT UP TO THE FULL AMOUNT OF ALL CONSIDERATION OFFERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09278-01-9

S. 3321                             2

OR CONTRACTED, EXCEPT THAT IF THE CONSIDERATION  OFFERED  OR  CONTRACTED
EXCEEDS  TWENTY-FIVE  THOUSAND  DOLLARS, THEN UP TO TWENTY-FIVE THOUSAND
DOLLARS PLUS UP TO TWENTY-FIVE PERCENT OF THE  ADDITIONAL  CONSIDERATION
OFFERED  OR  CONTRACTED  WHICH EXCEEDS TWENTY-FIVE THOUSAND DOLLARS. ANY
MONIES COLLECTED BY THE BOARD AS A RESULT OF A VIOLATION OF THIS  SUBDI-
VISION SHALL BE DEPOSITED IN THE CRIMINAL JUSTICE IMPROVEMENT ACCOUNT.
  S 2. This act shall take effect immediately.

co-Sponsors

2009-S3321A (ACTIVE) - Details

See Assembly Version of this Bill:: A7517
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §632-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:: S2335, A4053

2009-S3321A (ACTIVE) - Summary

Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime and imposes civil liability for the failure to comply therewith.

2009-S3321A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3321A

 TITLE OF BILL :
An act to amend the executive law, in relation to payments received as
profit for a crime


 PURPOSE :
The purpose of this bill is to encourage persons contracting with
convicted criminals to contact the crime victims Board

 SUMMARY OF PROVISIONS :
The bill establishes a civil penalty up to the full amount of a
contract, except that if the consideration offered or contracted is
$25,000 or more the fine would be $25,000 plus up to 25% of the
contract, for failure to give written notice to the Crime Victims
Board when entering into a contract with convicted criminals and the
payment or obligation to pay could be construed as "profits from a
crime". Any fine collected as a result of a violation will be held in
escrow for the potential benefits of the victim prior to it be it
being deposited according to procedures stipulated in section 7 (b)
(i). This bill would establish a civil penalty in the Executive Law.

 JUSTIFICATION :
Section 632-a.2(a) of the Executive Law requires that any person,
firm, corporation, partnership, association or other legal entity

which knowingly contracts for par, or agrees to pay, any profit from a
crime to a person charged with or convicted of that crime should give
written notice to the Crime Victims Board of the payment, or
obligation to pay, as soon as is practicable after discovery that
intended payment is a profit of the crime. The statute, however, does
not penalize companies which do not notify the Board. Recently, Time
Warner paid $55,000 to Laurie Kellog, who is serving twenty-five years
to life for her role in the 1991 murder of her husband, for the use of
her story as the basis for a television movie. A lawsuit has now been
filed by the State on behalf of the murder victim Bruce Kellog's
family. While it's rare that criminals are paid large amounts of money
for the rights to their story, this notification to the Crime Victims
Board should be ensured.

 LEGISLATIVE HISTORY :
03/07/07 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
01/09/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
06/01/09 REPORTED AND COMMITTED TO CODES

 FISCAL IMPLICATIONS :
There may he some increased revenue to the State as a result of the
fines imposed under this legislation.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3321A (ACTIVE) - Bill Text download pdf

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

                                 3321--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and Correction -- recommitted to the Committee on Crime Victims,
  Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the executive law, in relation to payments  received  as
  profit for a crime

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2  of  section  632-a  of  the
executive  law, as amended by chapter 62 of the laws of 2001, is amended
to read as follows:
  (a) Every person, firm, corporation, partnership, association or other
legal entity, or representative of such person, firm, corporation, part-
nership, association or entity, which knowingly contracts for, pays,  or
agrees  to pay: (i) any profits from a crime as defined in paragraph (b)
of subdivision one  of  this  section,  to  a  person  charged  with  or
convicted  of  that  crime,  or  to the representative of such person as
defined in subdivision six of section six  hundred  twenty-one  of  this
article;  or  (ii)  any funds of a convicted person, as defined in para-
graph (c) of subdivision one of this section, where such  conviction  is
for  a  specified crime and the value, combined value or aggregate value
of the payment or payments of such funds  exceeds  or  will  exceed  ten
thousand  dollars,  OR  TO  A  PERSON  OR  ENTITY ACTUALLY KNOWN TO SUCH
PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTI-
TY TO BE AN AGENT OR ASSIGNEE OF THE  PERSON  SO  CHARGED  OR  CONVICTED
shall  give  written notice to the crime victims board of the payment or
obligation to pay as soon as practicable, BUT IN  NO  EVENT  LATER  THAN
THIRTY  DAYS,  after  discovering  that  the payment or intended payment
constitutes profits from a crime or funds of a convicted person. KNOWING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09278-02-0

S. 3321--A                          2

FAILURE OF THE CONTRACTOR TO NOTIFY THE  CRIME  VICTIMS  BOARD  OF  SUCH
PAYMENT,  OBLIGATION  TO PAY OR INTENDED PAYMENT SHALL RESULT IN A CIVIL
PENALTY IN AN AMOUNT UP TO THE FULL AMOUNT OF ALL CONSIDERATION  OFFERED
OR  CONTRACTED,  EXCEPT  THAT IF THE CONSIDERATION OFFERED OR CONTRACTED
EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THEN UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS  PLUS  UP TO TWENTY-FIVE PERCENT OF THE ADDITIONAL CONSIDERATION
OFFERED OR CONTRACTED WHICH EXCEEDS TWENTY-FIVE  THOUSAND  DOLLARS.  ANY
MONIES  COLLECTED BY THE BOARD AS A RESULT OF A VIOLATION OF THIS SUBDI-
VISION SHALL BE HANDLED IN THE SAME MANNER AS ASSESSMENTS UNDER SUBPARA-
GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
  S 2. This act shall take effect immediately.

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Senate Bill S3321

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

co-Sponsors

Ruben Diaz

2009-S3321 - Details

2009-S3321 - Summary

2009-S3321 - Sponsor Memo

2009-S3321 - Bill Text download pdf

co-Sponsors

Ruben Diaz

2009-S3321A (ACTIVE) - Details

2009-S3321A (ACTIVE) - Summary

2009-S3321A (ACTIVE) - Sponsor Memo

2009-S3321A (ACTIVE) - Bill Text download pdf

Comments