§ 632-a. Crime victims. 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; (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 property
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
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 incarcerated individual 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 incarcerated individual or
prisoner and deposits in an incarcerated individual account to the
credit of the incarcerated individual 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 incarcerated individual or prisoner but who is serving
a sentence of probation or conditional discharge or is presently subject
to an undischarged 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 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 earliest 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

(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
period 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
termination from probation pursuant to applicable law or granted a
discharge or termination under applicable federal or state law, rules or
regulations 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 period; (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 of post-release supervision by the
department of corrections and community 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 earliest 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.

(d) "Crime victim" means (i) the victim of a crime; (ii) the
representative 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 compensation 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
constituting the crime occurred in whole or in part in this state.

(ii) Notwithstanding the provisions of subparagraph (i) of this
paragraph 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
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
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
subdivision, 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 incarcerated individual 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 incarcerated individual account to the credit of the
incarcerated individual 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) 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) 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 incarcerated individual
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 existence of such profits or funds at their last known address.

3. Notwithstanding any inconsistent provision of the estates, powers
and trusts law or the civil practice law and rules with respect to the
timely bringing of an action, any crime victim shall have the right to
bring a civil action in a court of competent jurisdiction to recover
money damages from a person convicted of a crime of which the crime
victim is a victim, or the representative of that convicted person,
within three years of the discovery of any profits from a crime or funds
of a convicted person, as those terms are defined in this section.
Notwithstanding any other provision of law to the contrary, a judgment
obtained pursuant to this section shall not be subject to execution or
enforcement against the first one thousand dollars deposited in an
incarcerated individual account to the credit of the incarcerated
individual pursuant to section one hundred sixteen of the correction law
or in a prisoner account to the credit of the prisoner pursuant to
section five hundred-c of the correction law. In addition, where the
civil action involves funds of a convicted person and such funds were
recovered by the convicted person pursuant to a judgment obtained in a
civil action, a judgment obtained pursuant to this section may not be
subject to execution or enforcement against a portion thereof in
accordance with subdivision (k) of section fifty-two hundred five of the
civil practice law and rules. If an action is filed pursuant to this
subdivision after the expiration of all other applicable statutes of
limitation, any other crime victims must file any action for damages as
a result of the crime within three years of the actual discovery of such
profits or funds, or within three years of actual notice received from
or notice published by the office of such discovery, whichever is later.

4. Upon filing an action pursuant to subdivision three of this
section, the crime victim shall give notice to the office of the filing
by delivering a copy of the summons and complaint to the office. The
crime victim may also give such notice to the office prior to filing the
action so as to allow the office to apply for any appropriate
provisional remedies which are otherwise authorized to be invoked prior
to the commencement of an action.

5. Upon receipt of a copy of a summons and complaint, or upon receipt
of notice from the crime victim prior to filing the action as provided
in subdivision four of this section, the office shall immediately take
such actions as are necessary to:

(a) notify all other known crime victims of the alleged existence of
profits from a crime or funds of a convicted person by certified mail,
return receipt requested, where the victims' names and addresses are
known by the office;

(b) publish, at least once every six months for three years from the
date it is initially notified by a victim, pursuant to subdivision four
of this section, a legal notice in newspapers of general circulation in
the county wherein the crime was committed and in counties contiguous to
such county advising any crime victims of the existence of profits from
a crime or funds of a convicted person. For crimes committed in a county
located within a city having a population of one million or more, the
notice shall be published in newspapers having general circulation in
such city. The office may, in its discretion, provide for such
additional notice as it deems necessary;

(c) avoid the wasting of the assets identified in the complaint as the
newly discovered profits from a crime or as funds of a convicted person,
in any manner consistent with subdivision six of this section.

6. The office, acting on behalf of the plaintiff and all other
victims, shall have the right to apply for any and all provisional
remedies that are also otherwise available to the plaintiff.

(a) The provisional remedies of attachment, injunction, receivership
and notice of pendency available to the plaintiff under the civil
practice law and rules, shall also be available to the office in all
actions under this section.

(b) On a motion for a provisional remedy, the moving party shall state
whether any other provisional remedy has previously been sought in the
same action against the same defendant. The court may require the moving
party to elect between those remedies to which it would otherwise be
entitled.

7. (a) (i) Whenever it appears that a person or entity has knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section, other than the state, a subdivision
of the state, or a person who is a superintendent, sheriff or municipal
official required to give notice pursuant to this section or section one
hundred sixteen or section five hundred-c of the correction law, the
office shall be authorized to serve a notice of hearing upon the person
or entity by personal service or by registered or certified mail. The
notice shall contain the time, place and purpose of the hearing. In
addition, the notice shall be accompanied by a petition alleging facts
of an evidentiary character that support or tend to support that the
person or entity, who shall be named therein as a respondent, knowingly
and willfully failed to give notice in violation of paragraph (a) or (b)
of subdivision two of this section. Service of the notice and petition
shall take place at least fifteen days prior to the date of the hearing.

(ii) The director or any individual designated by the director, shall
preside over the hearing, shall administer oaths, may issue subpoenas
and shall not be bound by the rules of evidence or civil procedure, but
his or her determination shall be based on a preponderance of the
evidence. At the hearing, the burden of proof shall be on the office.
The office shall produce witnesses and present evidence in support of
the alleged violation, which may include relevant hearsay evidence. The
respondent, who may appear personally at the hearing, shall have the
right of counsel and may cross-examine witnesses and produce evidence
and witnesses in his or her behalf, which may include relevant hearsay
evidence. The issue of whether the person who received an alleged
payment or obligation to pay committed the underlying crime shall not be
re-litigated at the hearing. Where the alleged violation is the failure
to give notice of a payment amount involving two or more payments the
combined value or aggregate value of which exceeds ten thousand dollars,
no violation shall be found unless it is shown that such payments were
intentionally structured to conceal their character as funds of a
convicted person, as defined in this section.

(iii) At the conclusion of the hearing, if the director or designated
individual is not satisfied that there is a preponderance of evidence in
support of a violation, the director or designated individual shall
dismiss the petition. If the director or designated individual is
satisfied that there is a preponderance of the evidence that the
respondent committed one or more violations, the director or designated
individual shall so find. Upon such a finding, the director or
designated individual shall prepare a written statement, to be made
available to the respondent and respondent's counsel, indicating the
evidence relied on and the reasons for finding the violation.

(iv) The director shall adopt, promulgate, amend and repeal
administrative rules and regulations governing the procedures to be
followed with respect to hearings, including rules and regulations for
the administrative appeal of a decision made pursuant to this paragraph,
provided such rules and regulations are consistent with the provisions
of this subdivision.

(b)(i) Whenever it is found pursuant to paragraph (a) of this
subdivision that a respondent knowingly and willfully failed to give
notice in violation of paragraph (a) or (b) of subdivision two of this
section, the office shall impose an assessment of up to the amount of
the payment or obligation to pay and a civil penalty of up to one
thousand dollars or ten percent of the payment or obligation to pay,
whichever is greater. If a respondent fails to pay the assessment and
civil penalty imposed pursuant to this paragraph, the assessment and
civil penalty may be recovered from the respondent by an action brought
by the attorney general, upon the request of the office, in any court of
competent jurisdiction. The office shall deposit the assessment in an
escrow account pending the expiration of the three year statute of
limitations authorized by subdivision three of this section to preserve
such funds to satisfy a civil judgment in favor of a person who is a
victim of a crime committed by the convicted person to whom such failure
to give notice relates. The office shall pay the civil penalty to the
state comptroller who shall deposit the money in the state treasury
pursuant to section one hundred twenty-one of the state finance law to
the credit of the criminal justice improvement account established by
section ninety-seven-bb of the state finance law.

(ii) The office shall then notify any crime victim or crime victims,
who may have a claim against the convicted person, of the existence of
such moneys. Such notice shall instruct such person or persons that they
may have a right to commence a civil action against the convicted
person, as well as any other information deemed necessary by the office.

(iii) Upon a crime victim's presentation to the office of a civil
judgment for damages incurred as a result of the crime, the office shall
satisfy up to one hundred percent of that judgment, including costs and
disbursements as taxed by the clerk of the court, with the escrowed fund
obtained pursuant to this paragraph, but in no event shall the amount of
all judgments, costs and disbursements satisfied from such escrowed
funds exceed the amount in escrow. If more than one such crime victim
indicates to the office that they intend to commence or have commenced a
civil action against the convicted person, the office shall delay
satisfying any judgment, costs and disbursements until the claims of all
such crime victims are reduced to judgment. If the aggregate of all
judgments, costs and disbursement obtained exceeds the amount of
escrowed funds, the amount used to partially satisfy each judgment shall
be reduced to a pro rata share.

(iv) After expiration of the three year statute of limitations period
established in subdivision three of this section, the office shall
review all judgments that have been satisfied from such escrowed funds.
In the event no claim was filed or judgment obtained prior to the
expiration of the three year statute of limitations, the office shall
return the escrowed amount to the respondent. In the event a claim or
claims are pending at the expiration of the statute of limitations, such
funds shall remain escrowed until the final determination of all such
claims to allow the office to satisfy any judgment which may be obtained
by the crime victim. Upon the final determination of all such claims and
the satisfaction of up to one hundred percent of such claims by the
office, the office shall be authorized to impose an additional civil
penalty of up to one thousand dollars or ten percent of the payment or
obligation to pay, whichever is greater. Prior to imposing any such
penalty, the office shall serve a notice upon the respondent by personal
service or by registered or certified mail of the intent of the office
to impose such penalty thirty days after the date of the notice and of
the opportunity to submit documentation concerning the office's
determination. After imposing and deducting any such additional civil
penalty, the office shall distribute such remaining escrowed funds, if
any, as follows: fifty percent to the state comptroller, who shall
deposit the money in the state treasury pursuant to section one hundred
twenty-one of the state finance law to the credit of the criminal
justice improvement account established by section ninety-seven-bb of
the state finance law; and fifty percent to the respondent.

(v) Notwithstanding any provision of law, an alleged failure by a
convicted person to give notice under this section may not result in
proceedings for an alleged violation of the conditions of probation,
parole, conditional release, post release supervision or supervised
release unless: one or more claims were made by a crime victim against
the convicted person pursuant to this section, and the office imposes an
assessment and/or penalty upon the convicted person pursuant to this
section, and the convicted person fails to pay the total amount of the
assessment and/or penalty within sixty days of the imposition of such
assessment and/or penalty.

(vi) Records maintained by the office and proceedings by the office
based thereon regarding a claim submitted by a victim or a claimant
shall be deemed confidential, subject to the exceptions that appear in
subdivision one of section six hundred thirty-three of this article.