senate Bill S4393A

2011-2012 Legislative Session

Relates to preventing defendants from making any profit from their crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 30, 2012 referred to governmental operations
delivered to assembly
passed senate
May 14, 2012 advanced to third reading
May 09, 2012 2nd report cal.
May 08, 2012 1st report cal.728
Apr 11, 2012 print number 4393a
amend and recommit to finance
Mar 20, 2012 reported and committed to finance
Jan 04, 2012 referred to crime victims, crime and correction
returned to senate
died in assembly
May 10, 2011 referred to governmental operations
delivered to assembly
passed senate
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.535
Apr 04, 2011 referred to crime victims, crime and correction

Votes

view votes

May 8, 2012 - Finance committee Vote

S4393A
33
2
committee
33
Aye
2
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Mar 20, 2012 - Crime Victims, Crime and Correction committee Vote

S4393
13
1
committee
13
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S4393
11
1
committee
11
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

view additional co-sponsors

S4393 - Details

See Assembly Version of this Bill:
A9497
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S3231

S4393 - Summary

Relates to preventing defendants from making any profit from their crimes; includes instances where defendant pleads not responsible by reason of mental disease or defect.

S4393 - Sponsor Memo

S4393 - Bill Text download pdf

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

                                  4393

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- 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, in relation to a defendant profiting
  from his or her crime

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

  Section 1. Subdivisions 1 and 2 of section 632-a of the executive law,
as  amended by section 24 of part A-1 of chapter 56 of the laws of 2010,
are amended to read as follows:
  1. For the purposes of this section:
  (a) "Crime" means (i) any felony defined in the laws of the state;  or
(ii)  an offense in any jurisdiction which includes all of the essential
elements of any felony defined in the laws of this state  and:  (A)  the
crime  victim,  as  defined in subparagraph (i) of paragraph (d) of this
subdivision, was a resident of this state at the time of the  commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
  (b)  "Profits from a crime" means (i) any property obtained through or
income generated from the commission of a crime of which  the  defendant
was  convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE
BY REASON OF MENTAL DISEASE OR DEFECT; (ii) any property obtained by  or
income  generated from the sale, conversion or exchange of proceeds of a
crime, including any gain realized by such sale, conversion or exchange;
and (iii) any property which the defendant obtained or income  generated
as a result of having committed the crime, including any assets obtained
through  the  use of unique knowledge obtained during the commission of,
or in preparation for the commission of, a crime, as well as any proper-
ty obtained by or income generated from the sale, conversion or exchange
of such property and any gain  realized  by  such  sale,  conversion  or
exchange.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-01-1

Co-Sponsors

view additional co-sponsors

S4393A (ACTIVE) - Details

See Assembly Version of this Bill:
A9497
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in 2009-2010 Legislative Session:
S3231

S4393A (ACTIVE) - Summary

Relates to preventing defendants from making any profit from their crimes; includes instances where defendant pleads not responsible by reason of mental disease or defect.

S4393A (ACTIVE) - Sponsor Memo

S4393A (ACTIVE) - Bill Text download pdf

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

                                 4393--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 4, 2011
                               ___________

Introduced  by  Sens.  FLANAGAN,  DeFRANCISCO,  GOLDEN, LARKIN, MAZIARZ,
  RANZENHOFER -- 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 -- reported favorably from  said
  committee  and  committed  to  the  Committee  on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the executive law, in relation to a defendant  profiting
  from his or her crime

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

  Section 1. Subdivisions 1 and 2 of section 632-a of the executive law,
as amended by section 24 of part A-1 of chapter 56 of the laws of  2010,
paragraph (c) of subdivision 1 as amended by section 100 and the opening
paragraph of paragraph (b) of subdivision 2 as amended by section 101 of
subpart  B  of  part C of chapter 62 of the laws of 2011, are amended to
read as follows:
  1. For the purposes of this section:
  (a) "Crime" means (i) any felony defined in the laws of the state;  or
(ii)  an offense in any jurisdiction which includes all of the essential
elements of any felony defined in the laws of this state  and:  (A)  the
crime  victim,  as  defined in subparagraph (i) of paragraph (d) of this
subdivision, was a resident of this state at the time of the  commission
of the offense; or (B) the act or acts constituting the offense occurred
in whole or in part in this state.
  (b)  "Profits from a crime" means (i) any property obtained through or
income generated from the commission of a crime of which  the  defendant
was  convicted OR FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE
BY REASON OF MENTAL DISEASE OR DEFECT; (ii) any property obtained by  or
income  generated from the sale, conversion or exchange of proceeds of a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10480-06-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.