S T A T E O F N E W Y O R K
________________________________________________________________________
4053
2011-2012 Regular Sessions
I N A S S E M B L Y
February 1, 2011
___________
Introduced by M. of A. LATIMER -- read once and referred to the Commit-
tee on Governmental Operations
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 section 24 of part A1 of chapter 56 of the
laws of 2010, 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 PARTY ACTUALLY KNOWN TO SUCH PERSON,
FIRM, CORPORATION, PARTNERSHIP, ASSOCIATION OR OTHER LEGAL ENTITY TO BE
AN AGENT OR ASSIGNEE OF THE PERSON SO CHARGED OR CONVICTED shall give
written notice to the office of the payment or obligation to pay as soon
as practicable, BUT IN NO EVENT LATER THAN THIRTY DAYS, after discover-
ing 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 OFFICE OF VICTIM SERVICES 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06211-01-1
A. 4053 2
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 OFFICE AS A RESULT OF A VIOLATION OF THIS SUBDIVISION
SHALL BE HANDLED IN THE SAME MANNER AS ASSESSMENTS UNDER SUBPARAGRAPH
(I) OF PARAGRAPH (B) OF SUBDIVISION SEVEN OF THIS SECTION.
S 2. This act shall take effect immediately.