S T A T E O F N E W Y O R K
________________________________________________________________________
7517--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee on Governmental Operations -- recommitted to the Committee on
Governmental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the executive law, in relation to payments received as
profit for a crime
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 632-a of the
executive law, as amended by chapter 62 of the laws of 2001, is amended
to read as follows:
(a) Every person, firm, corporation, partnership, association or other
legal entity, or representative of such person, firm, corporation, part-
nership, 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 para-
graph (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, OR TO A PERSON OR ENTITY ACTUALLY KNOWN TO SUCH
PERSON, FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTI-
TY TO BE AN AGENT OR ASSIGNEE OF THE PERSON SO CHARGED OR CONVICTED
shall give written notice to the crime victims board of the payment or
obligation to pay as soon as practicable, BUT IN NO EVENT LATER THAN
THIRTY DAYS, after discovering that the payment or intended payment
constitutes profits from a crime or funds of a convicted person. KNOWING
FAILURE OF THE CONTRACTOR TO NOTIFY THE CRIME VICTIMS BOARD OF SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09278-03-0
A. 7517--A 2
PAYMENT, OBLIGATION TO PAY OR INTENDED PAYMENT SHALL RESULT IN A CIVIL
PENALTY IN AN AMOUNT UP TO THE FULL AMOUNT OF ALL CONSIDERATION OFFERED
OR CONTRACTED, EXCEPT THAT IF THE CONSIDERATION OFFERED OR CONTRACTED
EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THEN UP TO TWENTY-FIVE THOUSAND
DOLLARS PLUS UP TO TWENTY-FIVE PERCENT OF THE ADDITIONAL CONSIDERATION
OFFERED OR CONTRACTED WHICH EXCEEDS TWENTY-FIVE THOUSAND DOLLARS. ANY
MONIES COLLECTED BY THE BOARD AS A RESULT OF A VIOLATION OF THIS SUBDI-
VISION SHALL BE HANDLED IN THE SAME MANNER AS ASSESSMENTS UNDER SUBPARA-
GRAPH (I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
S 2. This act shall take effect immediately.