Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 19, 2010 |
referred to correction |
Assembly Bill A10362
2009-2010 Legislative Session
Sponsored By
TEDISCO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10362 (ACTIVE) - Details
- Current Committee:
- Assembly Correction
- Law Section:
- Correction Law
- Laws Affected:
- Add §620-a, Cor L
- Versions Introduced in 2011-2012 Legislative Session:
-
A1575
2009-A10362 (ACTIVE) - Summary
Provides for the disposition of civil proceeds realized by a prisoner of a correctional facility who is successful in an action against the state or a locality to a trust fund subject to garnishment or attachment for the cost of such prisoner's confinement, support of his or her dependents, payment of fines and other restitution.
2009-A10362 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10362 TITLE OF BILL: An act to amend the correction law, in relation to civil judgments or settlements awarded to inmates PURPOSE OR GENERAL IDEA OF BILL: Provides for disposition of civil judgement or settlement realized by prisoner. SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Correction Law, by adding a new section 620-a: "any settlement or judgment realized by a prisoner in a state or local correction facility as a result of a civil action for damages suffered while such a prisoner, shall be depos- ited with the department in a trust fund account; and such earnings shall be subject to an attachment or garnishment, less any deductions required or authorized by law." EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: Present law does not address the disposition of civil settlements or judgments recovered by inmates of state correctional facilities. JUSTIFICATION: There have been numerous cases where indigent inmates have been unable to pay court fines, mandatory surcharges, reparation, or restitution; and have had no assets for the victims to attach in a civil lawsuit at the time of their incarceration. However, if an inmate is injured while incarcerated, he can receive judgments from the state providing a windfall, as a result this legislation would allow this
2009-A10362 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10362 I N A S S E M B L Y March 19, 2010 ___________ Introduced by M. of A. TEDISCO -- read once and referred to the Commit- tee on Correction AN ACT to amend the correction law, in relation to civil judgments or settlements awarded to inmates THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The correction law is amended by adding a new section 620-a to read as follows: S 620-A. DISPOSITION OF CIVIL JUDGMENTS OR SETTLEMENTS. THE AMOUNT OF ANY SETTLEMENT OR JUDGMENT REALIZED BY A PRISONER IN A STATE OR LOCAL CORRECTION FACILITY AS A RESULT OF A CIVIL ACTION FOR DAMAGES SUFFERED WHILE SUCH A PRISONER, LESS ANY DEDUCTIONS REQUIRED OR AUTHORIZED BY LAW, SHALL BE DEPOSITED WITH THE DEPARTMENT IN A TRUST FUND ACCOUNT. SUCH EARNINGS SHALL BE SUBJECT TO ATTACHMENT OR GARNISHMENT IN THE HANDS OF THE DEPARTMENT. THE COMMISSIONER IS AUTHORIZED TO PROVIDE FOR DISBURSEMENTS FROM THE TRUST FUND ACCOUNT FOR ANY OR ALL OF THE FOLLOW- ING PURPOSES: 1. SUCH COSTS INCIDENT TO THE PRISONER'S CONFINEMENT AS THE COMMIS- SIONER DEEMS APPROPRIATE AND REASONABLE; 2. SUCH COSTS RELATED TO ANY WORK RELEASE PROGRAM AS THE COMMISSIONER DEEMS APPROPRIATE AND REASONABLE; 3. SUPPORT OF THE PRISONER'S DEPENDENTS; OR 4. PAYMENT OF COURT FINES, MANDATORY SURCHARGE, RESTITUTION OR REPARA- TION, OR FORFEITURES. THE BALANCE OF SUCH EARNINGS, IF ANY, AFTER DISBURSEMENTS FOR ANY OF THE PURPOSES ESTABLISHED IN THIS SECTION SHALL BE PAID TO THE PRISONER UPON TERMINATION OF HIS OR HER IMPRISONMENT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15867-01-0
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