S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7806
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 24, 2021
                                ___________
 
 Introduced  by  M.  of A. McMAHON -- (at request of the Office of Victim
   Services) -- read once and referred to the Committee on Codes
 
 AN ACT to amend the estates, powers  and  trusts  law,  in  relation  to
   renunciation  of  a  beneficiary's interest; and to amend the criminal
   procedure law and the civil practice law and  rules,  in  relation  to
   commencing an action based upon a restitution 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. Subparagraph 1 of paragraph (c) of section  2-1.11  of  the
 estates,  powers and trusts law, as amended by chapter 27 of the laws of
 2010, is amended to read as follows:
   (1) [Any] SUBJECT TO THE LIMITATION PROVIDED IN PARAGRAPH (K) OF  THIS
 SECTION,  ANY  beneficiary  of a disposition may renounce all or part of
 such beneficiary's interest; provided, however, that a  surviving  joint
 tenant or tenant by the entirety may renounce the interest to which such
 tenant  succeeds,  by  operation  of law upon the death of another joint
 tenant or tenant by the entirety, to the extent such interest  could  be
 the  subject  of a qualified disclaimer under section 2518 of the United
 States Internal Revenue Code of 1986, as amended.
   § 2. Section 2-1.11 of the estates, powers and trusts law  is  amended
 by adding a new paragraph (k) to read as follows:
   (K)  A RENUNCIATION MAY NOT BE MADE UNDER THIS SECTION WITH RESPECT TO
 ANY PERSON SUBJECT TO THE PROVISIONS OF SECTION SIX HUNDRED THIRTY-TWO-A
 OF THE EXECUTIVE  LAW;  UNLESS,  HOWEVER,  THAT  THE  OFFICE  OF  VICTIM
 SERVICES  STATES IT WILL NOT PROCEED WITH AN ACTION TO OBTAIN AN INJUNC-
 TION AGAINST ANY SUCH INTEREST, IN A WRITING TO BE FILED BY  THE  OFFICE
 OF VICTIM SERVICES IN THE OFFICE OF THE CLERK OF THE COURT HAVING JURIS-
 DICTION OVER THE WILL OR TRUST AGREEMENT GOVERNING THE PROPERTY OF WHICH
 THE  DISPOSITION  WOULD  OTHERWISE  BE  MADE  OR  THE COURT WHICH ISSUED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09645-02-1

 A. 7806                             2
 
 LETTERS OF ADMINISTRATION, OR IF THERE IS NO PROBATE OR  ADMINISTRATION,
 THEN  IN  A SURROGATE'S COURT PROVIDED BY LAW AS THE PLACE OF PROBATE OR
 ADMINISTRATION OF THE DECEDENT'S ESTATE.
   §  3. 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-
 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.
   §  4. 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].

 A. 7806                             3
 
   §  5.  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:
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.