NY State Senate Bill 2011-S2335

Senate Bill S2335

2011-2012 Legislative Session

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

download bill text pdf

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
Jan 04, 2012	referred to crime victims, crime and correction
Jan 18, 2011	referred to crime victims, crime and correction

2011-S2335 (ACTIVE) - Details

See Assembly Version of this Bill:: A4053
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §632-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:: S3321, A7517

2011-S2335 (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.

2011-S2335 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2335

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
05/21/10 AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION

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

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S2335 (ACTIVE) - Bill Text download pdf

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

                                  2335

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 18, 2011
                               ___________

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 section 24 of part A1 of chapter 56 of  the
laws of 2010, 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 PARTY ACTUALLY KNOWN TO SUCH PERSON,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTITY TO  BE
AN  AGENT  OR  ASSIGNEE OF THE PERSON SO CHARGED OR CONVICTED shall give
written notice to the office of the payment or obligation to pay as soon
as practicable, BUT IN NO EVENT LATER THAN THIRTY DAYS, after  discover-
ing  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 OFFICE OF VICTIM SERVICES 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06211-01-1

S. 2335                             2

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 OFFICE AS A RESULT OF A VIOLATION OF  THIS  SUBDIVISION
SHALL  BE  HANDLED  IN THE SAME MANNER AS ASSESSMENTS UNDER SUBPARAGRAPH
(I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
  S 2. This act shall take effect immediately.

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