senate Bill S7577

Permits antitrust fines or penalties to be paid to the office of victim services in the court's discretion

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 15 / May / 2014
    • REFERRED TO CONSUMER PROTECTION

Summary

Provides that in any action commenced under the state's anti-trust law, the court may direct that all or any part of a criminal fine or civil penalty imposed upon a violator may, in the court's discretion, be ordered to be deposited with the office of victim services.

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Bill Details

See Assembly Version of this Bill:
A5386
Versions:
S7577
Legislative Cycle:
2013-2014
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §347-a, Gen Bus L; amd §623, Exec L

Sponsor Memo

BILL NUMBER:S7577

TITLE OF BILL: An act to amend the general business law and the
executive law, in relation to the disposition of certain fines

PURPOSE OR GENERAL IDEA OF THE BILL: This bill would grant a court
discretion to designate that part or all of any fine or penalty paid
by an adjudicated violator of the State's Antitrust Law be paid to the
Office of Victim Services.

SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new subsection
347-a to the Donnelly Act, the State's Antitrust Law (General Business
Law, SS 240-347) to provide a sentencing court with discretion to
direct that part or all of any criminal fine or civil penalty paid by
an adjudicated violator of the Antitrust Law deposited with the Office
of Victim Services to be expanded pursuant to Executive Law, Article
22. Executive Law S 623 (19) is amended to facilitate this
expenditure.

JUSTIFICATION: Antitrust crime by its very nature is economic crime
against the pecuniary interest of broad segments of the populace. In
these cases it is appropriate for courts to be given discretion to
direct that part or all of the monies paid as criminal fines or civil
penalties be paid to the Office of Victim Services, an agency with a
broad public purpose. In 1982, Justice O'Donoghue of the Supreme
Court, Kings County expressed the desire to direct that fines be paid
by four convicted defendants in the milk price fixing case be paid to
the Victims Services Agency of Queens County. He sought the Attorney
General's opinion and was advised that the court had no such
discretion under current law. This bill would grant the court such
discretion.

PRIOR LEGISLATIVE HISTORY: 2012: A.9028 - Passed Assembly 2011:
A.2942-A - Passed Assembly 2009-10: A.1046 - Passed Assembly 2007-08:
A.931 - Passed Assembly 2005-06: A.257 - Passed Assembly

FISCAL IMPLICATIONS: This bill would generate revenues in an
undetermined amount by providing a new source of funding for the
Office of Victim Services.

EFFECTIVE DATE: Sixtieth day following enactment: applicable to any
judgment entered or fine or penalty levied on or after such date.

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

                                  7577

                            I N  S E N A T E

                              May 15, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN  ACT  to  amend  the  general  business law and the executive law, in
  relation to the disposition of certain fines

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

  Section 1. The general business law is amended by adding a new section
347-a to read as follows:
  S  347-A.  FINES  PAYABLE TO THE OFFICE OF VICTIM SERVICES.  FOLLOWING
SENTENCING FOR A CRIME PURSUANT TO SECTION THREE  HUNDRED  FORTY-ONE  OF
THIS  ARTICLE  OR  UPON  A  JUDGMENT  PURSUANT  TO SECTION THREE HUNDRED
FORTY-TWO-A OF THIS ARTICLE, THE COURT IN ITS DISCRETION  MAY  DETERMINE
THAT  ANY  FINE  OR  PENALTY OR ANY PORTION THEREOF SHALL BE PAID TO THE
OFFICE OF VICTIM SERVICES TO BE EXPENDED  FOR  ANY  PURPOSE  OF  ARTICLE
TWENTY-TWO  OF  THE EXECUTIVE LAW AS PROVIDED BY SUBDIVISION NINETEEN OF
SECTION SIX HUNDRED TWENTY-THREE OF SUCH LAW.
  S 2. Subdivision 19 of section 623 of the executive law, as amended by
section 8 of part A-1 of chapter 56 of the laws of 2010, is  amended  to
read as follows:
  19.  To  accept,  with  the  approval of the governor, as agent of the
state, any grant  including  federal  grants,  ANY  FINES  OR  PENALTIES
IMPOSED  PURSUANT  TO  SECTION  THREE HUNDRED FORTY-ONE OR THREE HUNDRED
FORTY-TWO-A OF THE GENERAL BUSINESS LAW AND MADE PAYABLE TO  THE  OFFICE
PURSUANT TO SECTION THREE HUNDRED FORTY-SEVEN-A OF SUCH LAW, or any gift
for the purposes of this article. Any monies so received may be expended
by  the office to effectuate any purpose of this article, subject to the
applicable provisions of the state finance law.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law  and shall apply to any judgment entered or fine or
penalty imposed on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09255-01-3

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