S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6152
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 20, 2019
                                ___________
 
 Introduced  by  Sens. SEPULVEDA, ADDABBO -- (at request of the Office of
   Victim Services) -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Codes
 
 AN  ACT  to  amend the criminal procedure law and the civil practice law
   and rules, in relation to commencing an action based upon  a  restitu-
   tion  order,  or  profits  from a crime or funds of a convicted person
   pursuant to article twenty-two of the executive law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of subdivision 6 of section 420.10 of the
 criminal procedure law, as amended by chapter 618 of the laws  of  1992,
 is amended to read as follows:
   (a) A fine, restitution or reparation imposed or directed by the court
 shall  be imposed or directed by a written order of the court containing
 the amount thereof required to be paid by  the  defendant.  The  court's
 order  also  shall direct the district attorney to file a certified copy
 of such order with the county clerk of the county in which the court  is
 situate  except  where  the court which issues such order is the supreme
 court in which case the order itself shall be filed by the clerk of  the
 court acting in his or her capacity as the county clerk of the county in
 which  the  court  is situate. Such order shall be entered by the county
 clerk in the same manner as a judgment in a civil action  in  accordance
 with subdivision (a) of rule five thousand sixteen of the civil practice
 law  and  rules.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION
 UPON SUCH ORDER MAY BE COMMENCED WITHIN TWENTY YEARS OF  THE  DATE  SUCH
 ORDER WAS IMPOSED BY THE COURT. Even if the defendant was imprisoned for
 failure  to  pay such fine, restitution or reparation, or has served the
 period of imprisonment imposed, such order after entry thereof  pursuant
 to this subdivision may be collected in the same manner as a judgment in
 a civil action by the victim, as defined in paragraph (b) of subdivision
 four  of  section 60.27 of the penal law, to whom restitution or repara-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09233-01-9

 S. 6152                             2
 
 tion was ordered to be paid, the estate of such person or  the  district
 attorney.  The  entered  order shall be deemed to constitute a judgment-
 roll as defined in [section] RULE five thousand seventeen of  the  civil
 practice  law  and  rules  and immediately after entry of the order, the
 county clerk shall docket the entered order as a money judgment pursuant
 to section five thousand eighteen of such law and rules. Wherever appro-
 priate, the district attorney shall file a transcript of the  docket  of
 the  judgment  with  the  clerk of any other county of the state. Such a
 restitution or reparation order, when docketed shall  be  a  first  lien
 upon  all  real  property  in which the defendant thereafter acquires an
 interest, having preference over all other  liens,  security  interests,
 and encumbrances whatsoever, except:
   (i) a lien or interest running to the benefit of the government of the
 United  States or the state of New York, or any political subdivision or
 public benefit corporation thereof; or
   (ii) a purchase money interest in any property.
   § 2. Section 213-b of the civil practice law and rules, as amended  by
 chapter 62 of the laws of 2001, is amended to read as follows:
   § 213-b. Action by a victim of a criminal offense. Notwithstanding any
 other  limitation  set  forth  in this article or in article five of the
 estates, powers and trusts law, an action by  a  crime  victim,  or  the
 representative  of  a  crime  victim,  as  defined in subdivision six of
 section six hundred twenty-one of the executive law, may be commenced to
 recover damages from a defendant[: (1)] convicted of a  crime  which  is
 the  subject  of such action, for any injury or loss resulting therefrom
 within [seven] TWENTY years of the date of the crime [or  (2)  convicted
 of  a  specified crime as defined in paragraph (e) of subdivision one of
 section six hundred thirty-two-a of  the  executive  law  which  is  the
 subject of such action for any injury or loss resulting therefrom within
 ten  years  of  the  date  the defendant was convicted of such specified
 crime].
   § 3. The opening paragraph of section 5014 of the civil  practice  law
 and  rules, as amended by chapter 115 of the laws of 1965, is amended to
 read as follows:
   Except as permitted by section 15-102 of the general  obligations  law
 AND  PARAGRAPH  (A) OF SUBDIVISION SIX OF SECTION 420.10 OF THE CRIMINAL
 PROCEDURE LAW, an action upon a money judgment entered in a court of the
 state may only be maintained between the original parties to  the  judg-
 ment where:
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.