Senate Bill S3321

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

                                 3321--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 16, 2009
                               ___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Crime Victims,
  Crime and Correction -- recommitted to the Committee on Crime Victims,
  Crime and Correction in accordance with  Senate  Rule  6,  sec.  8  --
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09278-02-0
              

S. 3321--A                          2

FAILURE OF THE CONTRACTOR TO NOTIFY THE  CRIME  VICTIMS  BOARD  OF  SUCH
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.