Senate Bill S4415

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

                                  4415

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  O. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

AN  ACT to amend the executive law, the civil practice law and rules and
  the tax law, in  relation  to  personal  injury  awards  for  injuries
  sustained  by convicted violent felony offenders during the commission
  or as a direct result of a crime

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

  Section  1. The executive law is amended by adding a new section 634-a
to read as follows:
  S 634-A. RECEIVERSHIP; CIVIL AWARDS CONVICTED  VIOLENT  FELONY  OFFEN-
DERS.  1.  UPON RECEIPT OF A COPY OF A SUMMONS AND COMPLAINT AS PROVIDED
IN SECTION ONE THOUSAND TWENTY-SEVEN  OF  THE  CIVIL  PRACTICE  LAW  AND
RULES, THE BOARD SHALL IMMEDIATELY TAKE SUCH ACTIONS AS ARE NECESSARY TO
NOTIFY  ALL  KNOWN  VICTIMS, IF ANY, DURING THE TEN YEAR PERIOD PRIOR TO
THE COMMENCEMENT OF THE ACTION, OF THE COMMENCEMENT OF THE CIVIL  ACTION
AND THEIR ABILITY TO FILE A CLAIM WITH THE BOARD UPON NOTICE OF AN AWARD
IN  SUCH  ACTION, BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, WHERE THE
VICTIMS' NAMES AND ADDRESSES ARE KNOWN BY THE BOARD.
  2. NOTWITHSTANDING ANY PROVISIONS OF THE CIVIL PRACTICE LAW AND  RULES
TO  THE CONTRARY, IN A CIVIL ACTION COMMENCED BY AN INDIVIDUAL CONVICTED
OF A VIOLENT FELONY OFFENSE TO RECOVER FOR PERSONAL  INJURIES  SUSTAINED
EITHER  DURING  THE  COMMISSION OF SUCH OFFENSE, WHILE FLEEING FROM SUCH
OFFENSE OR AS A DIRECT RESULT  OF  SUCH  OFFENSE,  THE  BOARD  SHALL  BE
APPOINTED  BY  THE  COURT  AS RECEIVER OF ANY AWARD IN SUCH ACTION FOR A
PERIOD OF TEN YEARS, WHICH TERM CAN BE EXTENDED UPON THE BOARD'S  APPLI-
CATION  FOR GOOD CAUSE SHOWN, FOR AN ADDITIONAL TEN YEAR PERIOD, AND THE
BOARD SHALL RECEIVE A RECEIVERSHIP FEE OF TWENTY PERCENT OF  SUCH  AWARD
AT  THE  TIME SUCH AWARD IS MADE. THE BOARD SHALL DEPOSIT THE BALANCE OF
SUCH AWARD IN AN ESCROW ACCOUNT FOR  THE  BENEFIT  AND  PAYABLE  TO  ANY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10957-01-9
              

S. 4415                             2

VICTIM  OR THE LEGAL REPRESENTATIVE OF ANY VICTIM OF CRIMES COMMITTED BY
SUCH INDIVIDUAL.
  3. THE BOARD SHALL UPON RECEIVING NOTICE FROM THE COURT OF AN AWARD IN
SUCH  CIVIL ACTION, NOTIFY THE VICTIMS BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED OF THE AWARD, AND PROVIDE A CLAIM FORM FOR THE VICTIM TO  FILE
A CLAIM WITH THE BOARD.
  4.  THE  BOARD  SHALL  AFTER TAKING ITS FEE AS RECEIVER DISTRIBUTE THE
REMAINING FUNDS AS FOLLOWS:
  (A) TWENTY PERCENT OF THE AWARD TO THE BOARD;
  (B) ALL FEES DUE AND OWING THE ATTORNEYS HAVING REPRESENTED SUCH INDI-
VIDUAL IN THE CIVIL ACTION;
  (C) REIMBURSE ALL HEALTH CARE INSURANCE PROVIDERS FOR PAYMENTS MADE TO
MEDICAL PROVIDERS ON BEHALF OF SUCH INDIVIDUAL IN RELATION TO THE  INJU-
RIES ALLEGED IN THE CIVIL ACTION;
  (D)  REIMBURSE  THE  LOCAL  AND  STATE  GOVERNMENT  FOR  THE FOLLOWING
EXPENSES INCURRED DURING THE TEN YEARS PRIOR TO THE COMMENCEMENT OF  THE
CIVIL ACTION WITH RESPECT TO SUCH INDIVIDUAL:
  (1) ALL EXPENSES RELATED TO REPRESENTATION BY THE PUBLIC DEFENDER;
  (2) ALL COURT COSTS RELATED TO SUCH PROSECUTIONS;
  (3) ALL COSTS RELATED TO INCARCERATION;
  (4) ALL BENEFITS DISTRIBUTED BY SOCIAL SERVICES AGENCIES; AND
  (5) ALL UNEMPLOYMENT INSURANCE BENEFITS;
  (E) REIMBURSE THE LOCAL AND STATE GOVERNMENT FOR THE ANTICIPATED COSTS
OF  INCARCERATION  OF  SUCH INDIVIDUAL FROM THE TIME THE CIVIL ACTION IS
COMMENCED UNTIL THE EXPIRATION OF THE TERM OF SUCH INDIVIDUAL'S SENTENCE
OF IMPRISONMENT;
  (F) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE ESTATES,  POWERS
AND  TRUSTS  LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT TO THE
TIMELY BRINGING OF AN ACTION, TO THE VICTIM OF THE SPECIFIC CRIMINAL ACT
INVOLVED IN THE CIVIL ACTION AN AMOUNT NOT TO EXCEED THREE AND  ONE-HALF
TIMES THE VICTIM'S ACTUAL OUT-OF-POCKET EXPENSES AND PAIN AND SUFFERING,
LESS ANY AMOUNT PREVIOUSLY AWARDED BY THE BOARD;
  (G)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE ESTATES, POWERS
AND TRUSTS LAW OR THE CIVIL PRACTICE LAW AND RULES WITH RESPECT  TO  THE
TIMELY BRINGING OF AN ACTION, TO ALL VICTIMS OF CRIMES COMMITTED BY SUCH
INDIVIDUAL  IN  THE  TEN YEARS IMMEDIATELY PRECEDING THE COMMENCEMENT OF
THE CIVIL ACTION AN AMOUNT  NOT  TO  EXCEED  THREE  TIMES  THEIR  ACTUAL
OUT-OF-POCKET EXPENSES, LESS ANY AMOUNT PREVIOUSLY AWARDED BY THE BOARD;
AND
  (H)  THE  BALANCE OF SUCH ESCROW ACCOUNT, LESS THE INTEREST ACCRUED BY
SUCH ACCOUNT, TO THE INDIVIDUAL COMMENCING SUCH CIVIL ACTION.
  5. THE BOARD SHALL ESTABLISH SUCH RULES AND REGULATIONS AS ARE  NECES-
SARY FOR THE IMPLEMENTATION OF THIS SECTION.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 1027 to read as follows:
  S 1027. SERVICE OF SUMMONS AND COMPLAINT; CRIME VICTIMS BOARD.  IN  AN
ACTION  COMMENCED  BY A PERSON CONVICTED OF A VIOLENT FELONY OFFENSE FOR
PERSONAL INJURIES SUSTAINED EITHER DURING THE COMMISSION OF SUCH OFFENSE
OR WHILE FLEEING SUCH OFFENSE, SUCH PERSON SHALL SERVE  A  COPY  OF  THE
SUMMONS AND COMPLAINT ON THE CHAIRMAN OF THE CRIME VICTIMS BOARD.
  S  3.  The tax law is amended by adding a new section 612-a to read as
follows:
  S 612-A. LUMP SUM DISTRIBUTION CRIME VICTIMS BOARD.  THERE  IS  HEREBY
LEVIED  AND IMPOSED A TAX ON THE FUNDS DISTRIBUTED TO A PERSON CONVICTED
OF  A  VIOLENT  FELONY  OFFENSE  PURSUANT   TO   SECTION   SIX   HUNDRED
THIRTY-FOUR-A  OF  THE EXECUTIVE LAW IN THE AMOUNT OF TEN PERCENT OF THE

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TOTAL AWARD IN SUCH ACTION. SUCH TAX SHALL BE DUE UPON  DISTRIBUTION  OF
SUCH FUNDS.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, except that any  rules
and  regulations  necessary for the timely implementation of this act on
its effective date are authorized and directed to be promulgated  on  or
before such date.