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Assembly Bill A637

2009-2010 Legislative Session

Provides that a lien filed by the crime victim's board shall have no negative impact on the victim's consumer credit rating or application for credit

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Archive: Last Bill Status - In Assembly Committee

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2009-A637 (ACTIVE) - Details

See Senate Version of this Bill:
S4893
Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd ยง634, Exec L
Versions Introduced in 2011-2012 Legislative Session:
A65

2009-A637 (ACTIVE) - Summary

Provides that a lien filed by the crime victim's board shall have no negative impact on the victim's consumer credit rating or application for credit.

2009-A637 (ACTIVE) - Bill Text download pdf 

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

                                   637

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DINOWITZ -- Multi-Sponsored by -- M. of A. WALKER
  -- read once and referred to the Committee on Governmental Operations

AN  ACT to amend the executive law, in relation to prohibiting any nega-
  tive impact on a crime victim's credit  rating  from  a  lien  created
  under section 634 of such law

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

  Section 1. Subdivision 2 of section 634 of the executive law, as added
by chapter 513 of the laws of 1982, is amended to read as follows:
  2. Acceptance of an award made pursuant to this article shall create a
lien in favor of the state on the proceeds  of  any  recovery  from  the
person  or  persons  liable  for  the injury or death giving rise to the
award by the board, whether by judgment, settlement or otherwise,  after
the  deduction  of  the reasonable and necessary expenditures, including
attorney's fees, incurred in  effecting  such  recovery,  to  the  total
amount  of  the  award  made by the board. Such lien shall attach to any
moneys received or to be received by the claimant or victim  on  account
of  losses  resulting  from  the  crime.   Should the claimant or victim
secure a recovery from the person or persons liable for  the  injury  or
death  giving  rise  to  the  award  by  the board, whether by judgment,
settlement or otherwise, such claimant may, upon notice  to  the  board,
apply  to  the court in which the action was instituted, or to any court
of competent jurisdiction if no action  was  instituted,  for  an  order
apportioning the reasonable and necessary expenditures, including attor-
ney's fees, incurred in effecting such recovery. Such expenditures shall
be  equitably  apportioned  by  the  court  between the claimant and the
board. A copy of such lien shall be mailed to the clerk  of  the  county
within  which  the  crime  occurred and such clerk will file the copy in
accordance with the duties of such clerk as set forth  in  section  five
hundred  twenty-five  of  the county law. The amount of such lien may be

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

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