NY State Senate Bill 2015-S2058

Archive: Last Bill Status - Stricken

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 21, 2016	recommit, enacting clause stricken
Jan 06, 2016	referred to crime victims, crime and correction returned to senate died in assembly
Jun 16, 2015	referred to governmental operations delivered to assembly passed senate
May 18, 2015	advanced to third reading
May 13, 2015	2nd report cal.
May 12, 2015	1st report cal.570
Mar 04, 2015	reported and committed to finance
Jan 21, 2015	referred to crime victims, crime and correction

Votes

- Jun 16, 2015 - Floor Vote
  S2058
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2015
      
      aye (63)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  May 12, 2015 - Finance Committee Vote
  S2058
  
  35
  
  Aye
  
  2
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 12, 2015
      
      aye (35)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stavisky
      
      Valesky
      
      Young
      
      nay (2)
      
      Diaz
      
      Montgomery
  Mar 4, 2015 - Crime Victims, Crime And Correction Committee Vote
  S2058
  
  12
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: Mar 4, 2015
      
      aye (12)
      
      DeFrancisco
      
      Gallivan
      
      Griffo
      
      Hassell-Thompson
      
      Little
      
      Nozzolio
      
      Peralta
      
      Perkins
      
      Ritchie
      
      Rivera
      
      Savino
      
      Venditto
      
      aye wr (1)
      
      Montgomery

co-Sponsors

View additional co-sponsors

2015-S2058 (ACTIVE) - Details

See Assembly Version of this Bill:: A1128
Law Section:: Executive Law
Laws Affected:: Amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3231
2011-2012: S4393, A9497
2013-2014: S1191, A6975

2015-S2058 (ACTIVE) - Summary

Relates to preventing defendants from making any profit from their crimes; includes instances where defendant pleads not responsible by reason of mental disease or defect.

2015-S2058 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2058

TITLE OF BILL:

An act to amend the executive law, in relation to a defendant
profiting from his or her crime

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends subdivisions 1 and 2 of § 632-a of the
Executive Law which prohibits a defendant who is found or takes a plea
of not responsible by reason of mental disease or defect from deriving
a profit from his or her crime.

Section 2 is the effective date.

JUSTIFICATION:

In the summer of 1977, a series of murders of young women in New York
left the city paralyzed with fear and created a media frenzy. Before
the investigation was complete, news had spread that publishers were
offering to pay a huge sum of money for the rights to the killer's
story. In response, the New York legislature passed Executive Law
632-a, popularly deemed the "Son of Sam" law.

The Son of Sam law was designed to prevent criminals from profiting

from their crimes through the commercial exploitation of their
stories. The law was intended to "ensure that monies received by the
criminal under such circumstances....first be made available to
recompense the victims of that crime for their loss and suffering."

To achieve that goal, the law required that any entity contracting
with anyone accused or convicted of a crime supply a copy of the
contract to the Crime Victims Compensation Board and pay the board any
income earned pursuant to that contract. The money would remain in
escrow for five years, during which time a victim could bring a civil
action against his or her alleged perpetrator. If the civil action was
successful, the funds would be used to satisfy any judgment rendered.
If no actions were pending after five years, the board would then be
required to pay the escrow funds to the accused.

This law has proved so popular that more than 40 states and the
federal government now have Son of Sam laws. However, the the New York
statute has one significant flaw which should be remedied. If a
notorious criminal is found, or takes a plea of not responsible by
reason of mental disease or defect he or she will fall outside the
reach of the statute. This is more important than ever because famous
criminals are trading on their notoriety like never before. The
emergence of an underground trade in objects associated with crime,
especially murder is perhaps the most sickening development so far.
These objects, known as "murder memorabilia" or "murderabilia,"
include manufactured items representative of criminals or crimes, such
as murderer trading cards or figurines, and non-manufactured items
associated with the criminals or crimes them- selves. Letters and
paintings by inmates are especially popular, and items like hair and
fingernail clippings from criminals also provide easy objects for
criminals to cultivate and sell. Charles Manson is probably the most


popular figure in murderabilia, followed by such infa- mous criminals
as John Wayne Gacy, Richard "Nightstalker" Ramirez, and cannibal
Jeffrey Dahmer. Buyers are plentiful in this macabre industry.  What
was once an underground practice has entered the mainstream through
the help of Internet auction sites like eBay and Yahoo. Sites
dedicated solely to the trade and collection of such items have also
developed, permitting dealers and buyers to enter into anonymous
transactions and avoid scrutiny by an unsuspecting public. They have
also allowed inmates to skirt prison rules prohibiting transactions
outside the prison walls by enabling agents to easily sell the
paraphernalia on their behalf. Had any of these men been prosecuted in
New York and been found, or taken a plea of, not responsible by reason
of mental disease or defect he would have fallen beyond the protection
of § 632-a of the Executive Law.

PRIOR LEGISLATIVE HISTORY:

2005-06: Passed Senate
2007-08: Passed Senate
2009-10: Senate Crime Victims, Crime & Corrections Committee
2011-12: Passed Senate
2013-14: Passed Senate

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2058 (ACTIVE) - Bill Text download pdf

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

                                  2058

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- 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 a defendant profiting
  from his or her crime

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

  Section 1. Subdivisions 1 and 2 of section 632-a of the executive law,
as  amended by section 24 of part A-1 of chapter 56 of the laws of 2010,
paragraph (c) of subdivision 1 as amended by section 100 and the opening
paragraph of paragraph (b) of subdivision 2 as amended by section 101 of
subpart B of part C of chapter 62 of the laws of 2011,  are  amended  to
read as follows:
  1. For the purposes of this section:
  (a)  "Crime" means (i) any felony defined in the laws of the state; or
(ii) an offense in any jurisdiction which includes all of the  essential
elements  of  any  felony defined in the laws of this state and: (A) the
crime victim, as defined in subparagraph (i) of paragraph  (d)  of  this
subdivision,  was a resident of this state at the time of the commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
  (b) "Profits from a crime" means (i) any property obtained through  or
income  generated  from the commission of a crime of which the defendant
was convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT  RESPONSIBLE
BY  REASON OF MENTAL DISEASE OR DEFECT; (ii) any property obtained by or
income generated from the sale, conversion or exchange of proceeds of  a
crime, including any gain realized by such sale, conversion or exchange;
and  (iii) any property which the defendant obtained or income generated
as a result of having committed the crime, including any assets obtained
through the use of unique knowledge obtained during the  commission  of,
or in preparation for the commission of, a crime, as well as any proper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03314-01-5

S. 2058                             2

ty obtained by or income generated from the sale, conversion or exchange
of  such  property  and  any  gain  realized by such sale, conversion or
exchange.
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  OR
FOUND,  OR  THE  COURT  ACCEPTS  A PLEA OF, NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT or by the  representative  of  such  person  as
defined  in  subdivision  six  of section six hundred twenty-one of this
article excluding child support and earned income, where such person:
  (i) is an inmate serving a sentence with the department of corrections
and community supervision or a prisoner confined at a local correctional
facility or federal correctional institute, and includes  funds  that  a
superintendent,  sheriff  or municipal official receives on behalf of an
inmate or prisoner and deposits in an inmate account to  the  credit  of
the inmate pursuant to section one hundred sixteen of the correction law
or deposits in a prisoner account to the credit of the prisoner pursuant
to section five hundred-c of the correction law; or
  (ii)  is  not  an  inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an undisc-
harged indeterminate, determinate or definite term  of  imprisonment  or
period  of  post-release  supervision or term of supervised release, but
shall include earned income earned during a period in which such  person
was  not  in  compliance  with  the  conditions of his or her probation,
parole, conditional release, period of post-release supervision  by  the
department  of  corrections  and community supervision or term of super-
vised release with the United States probation office or  United  States
parole  commission.  For  purposes  of this subparagraph, such period of
non-compliance shall be measured, as applicable, from the earliest  date
of delinquency determined by the department of corrections and community
supervision,  or from the earliest date on which a declaration of delin-
quency is filed pursuant to section 410.30 of the criminal procedure law
and thereafter sustained, or  from  the  earliest  date  of  delinquency
determined  in  accordance  with  applicable federal law, rules or regu-
lations, and shall continue until a final determination  sustaining  the
violation   has  been  made  by  the  trial  court,  the  department  of
corrections and community supervision, or appropriate federal authority;
or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od  terminated  or expired or such person was granted a discharge by the
state board of parole or the department  of  corrections  and  community
supervision pursuant to applicable law, or granted a discharge or termi-
nation  from probation pursuant to applicable law or granted a discharge
or termination under applicable federal or state  law,  rules  or  regu-
lations  prior to the expiration of such full or maximum term or period;
and includes only: (A) those funds paid to such person as  a  result  of
any  interest,  right, right of action, asset, share, claim, recovery or
benefit of any kind that the person obtained, or that accrued  in  favor
of  such person, prior to the expiration of such sentence, term or peri-
od; (B) any recovery or award collected in a lawsuit after expiration of
such sentence where the right or cause of action accrued  prior  to  the
expiration  or  service  of  such sentence; and (C) earned income earned
during a period in which such person was  not  in  compliance  with  the
conditions  of his or her probation, parole, conditional release, period

S. 2058                             3

of post-release supervision by the department of corrections and  commu-
nity  supervision  or  term of supervised release with the United States
probation office or United States parole  commission.  For  purposes  of
this  subparagraph,  such period of non-compliance shall be measured, as
applicable, from the earliest date  of  delinquency  determined  by  the
department  of corrections and community supervision, or from the earli-
est date on which a declaration of  delinquency  is  filed  pursuant  to
section  410.30  of the criminal procedure law and thereafter sustained,
or from the earliest date of delinquency determined in  accordance  with
applicable federal law, rules or regulations, and shall continue until a
final  determination sustaining the violation has been made by the trial
court, the department  of  corrections  and  community  supervision,  or
appropriate federal authority; OR
  (IV)  IS COMMITTED TO A SECURE FACILITY DESIGNATED BY THE COMMISSIONER
OF MENTAL HEALTH OR SUBJECT TO TREATMENT WHICH MAY  INCLUDE  CONDITIONAL
OR UNCONDITIONAL RELEASE.
  (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
tative  of  a  crime victim as defined in subdivision six of section six
hundred twenty-one of this article; (iii) a good samaritan as defined in
subdivision seven of section six hundred  twenty-one  of  this  article;
(iv) the office of victim services or other governmental agency that has
received  an application for or provided financial assistance or compen-
sation to the victim.
  (e) (i) "Specified crime" means:
  (A) a violent felony offense as defined in subdivision one of  section
70.02 of the penal law;
  (B) a class B felony offense defined in the penal law;
  (C)  an  offense  for which a merit time allowance may not be received
against the sentence pursuant to paragraph (d)  of  subdivision  one  of
section eight hundred three of the correction law;
  (D)  an offense defined in the penal law that is titled in such law as
a felony in the first degree;
  (E) grand larceny in the fourth degree as defined in  subdivision  six
of  section  155.30  or grand larceny in the second degree as defined in
section 155.40 of the penal law;
  (F) criminal possession of stolen property in  the  second  degree  as
defined in section 165.52 of the penal law; or
  (G) an offense in any jurisdiction which includes all of the essential
elements  of  any  of the crimes specified in clauses (A) through (F) of
this subparagraph and either the crime victim as defined in subparagraph
(i) of paragraph (d) of this subdivision was a resident of this state at
the time of the commission of the offense or the act or acts  constitut-
ing the crime occurred in whole or in part in this state.
  (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
graph a "specified crime" shall not mean or include an  offense  defined
in  any of the following articles of the penal law: articles one hundred
fifty-eight, one hundred seventy-eight, two hundred twenty, two  hundred
twenty-one, two hundred twenty-five, and two hundred thirty.
  (f)  "Earned  income"  means  income  derived  from one's own labor or
through active participation in a business as distinguished from  income
from, for example, dividends or investments.
  2.  (a)  Every  person, firm, corporation, partnership, association or
other legal entity, or representative of such person, firm, corporation,
partnership, 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

S. 2058                             4

convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT  RESPONSIBLE  BY
REASON  OF  MENTAL DISEASE OR DEFECT, of that crime, or to the represen-
tative 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 paragraph (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, shall give written notice
to the office of the payment or obligation to pay as soon as practicable
after discovering that  the  payment  or  intended  payment  constitutes
profits from a crime or funds of a convicted person.
  (b)  Notwithstanding subparagraph (ii) of paragraph (a) of this subdi-
vision, whenever the payment or obligation to pay involves  funds  of  a
convicted  person  that  a superintendent, sheriff or municipal official
receives or will receive on behalf of an inmate serving a sentence  with
the  department  of  corrections  and  community supervision or prisoner
confined at a local correctional facility and deposits or  will  deposit
in  an  inmate  account  to  the  credit  of the inmate or in a prisoner
account to the credit of the prisoner, and the value, combined value  or
aggregate  value  of  such  funds  exceeds  or  will exceed ten thousand
dollars, the superintendent, sheriff or municipal  official  shall  also
give written notice to the office.
  Further,  whenever the state or subdivision of the state makes payment
or has an obligation to pay funds of a convicted person, as  defined  in
subparagraph  (ii)  [or],  (iii) OR (IV) of paragraph (c) of subdivision
one of this section, and the value, combined value or aggregate value of
such funds exceeds or will exceed ten thousand  dollars,  the  state  or
subdivision of the state shall also give written notice to the office.
  In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) [or], (iii)
OR  (IV)  of  paragraph  (c) of subdivision one of this section, and the
value, combined value or aggregate value of such funds exceeds  or  will
exceed  ten  thousand dollars, the convicted person who receives or will
receive such funds, or the representative of such person as  defined  in
subdivision six of section six hundred twenty-one of this article, shall
give written notice to the office.
  (c)  The office, upon receipt of notice of a contract, an agreement to
pay or payment of profits from a crime or funds of  a  convicted  person
pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
notice  of  funds of a convicted person from the superintendent, sheriff
or municipal official of the facility where the inmate  or  prisoner  is
confined  pursuant  to  section one hundred sixteen or five hundred-c of
the correction law, shall notify all known crime victims of  the  exist-
ence of such profits or funds at their last known address.
  S 2. This act shall take effect immediately.

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Senate Bill S2058

Sponsored By

Archive: Last Bill Status - Stricken

Jun 16, 2015 - Floor Vote

Floor Vote: Jun 16, 2015

May 12, 2015 - Finance Committee Vote

Finance Committee Vote: May 12, 2015

Mar 4, 2015 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: Mar 4, 2015

co-Sponsors

2015-S2058 (ACTIVE) - Details

2015-S2058 (ACTIVE) - Summary

2015-S2058 (ACTIVE) - Sponsor Memo

2015-S2058 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2058

Share this bill

Sponsored By

Archive: Last Bill Status - Stricken

co-Sponsors

2015-S2058 (ACTIVE) - Details

2015-S2058 (ACTIVE) - Summary

2015-S2058 (ACTIVE) - Sponsor Memo

2015-S2058 (ACTIVE) - Bill Text download pdf

Comments