S T A T E   O F   N E W   Y O R K
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                                   65

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT to amend the executive law, in relation to prohibiting any nega-
  tive impact on a crime victim's credit  rating  from  a  lien  created
  under section 634 of such law

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

  Section 1. Subdivision 2 of section  634  of  the  executive  law,  as
amended  by section 26 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
  2. Acceptance of an award made pursuant to this article shall create a
lien in favor of the state on the proceeds  of  any  recovery  from  the
person  or  persons  liable  for  the injury or death giving rise to the
award by the office, whether by judgment, settlement or otherwise, after
the deduction of the reasonable and  necessary  expenditures,  including
attorney's  fees,  incurred  in  effecting  such  recovery, to the total
amount of the award made by the office. Such lien shall  attach  to  any
moneys  received  or to be received by the claimant or victim on account
of losses resulting from the crime. Should the claimant or victim secure
a recovery from the person or persons liable for  the  injury  or  death
giving  rise to the award by the office, whether by judgment, settlement
or otherwise, such claimant may, upon notice to the office, apply to the
court in which the action was instituted, or to any court  of  competent
jurisdiction  if no action was instituted, for an order apportioning the
reasonable  and  necessary  expenditures,  including  attorney's   fees,
incurred  in  effecting such recovery. Such expenditures shall be equit-
ably apportioned by the court between the claimant and the  office.    A
copy  of  such  lien  shall  be mailed to the clerk of the county within
which the crime occurred and such clerk will file the copy in accordance
with the duties of such clerk as set forth in section five hundred twen-

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

                                                           LBD01258-01-1

A. 65                               2

ty-five of the county law. The amount of such lien may be compromised or
settled by the office provided the office finds that such action  is  in
the  best  interests  of the state, or payment of the full amount of the
lien  to  the state would cause undue hardship for the victim.  NOTWITH-
STANDING ANY OTHER CONTRARY PROVISION OF LAW, SUCH  LIEN  SHALL  NOT  BE
INCLUDED  IN  ANY COMPILATION OF SUCH VICTIM'S CONSUMER CREDIT REPORT OR
CALCULATION OF A CREDIT SCORE OR ASSESSMENT OF ELIGIBILITY FOR  CONSUMER
CREDIT OR REAL ESTATE MORTGAGE.
  S 2. This act shall take effect immediately.