Senate Bill S4393

2011-2012 Legislative Session

Relates to preventing defendants from making any profit from their crimes

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2011-S4393 - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3231
2013-2014: S1191
2015-2016: S2058

2011-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.

2011-S4393 - Sponsor Memo

2011-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

2011-S4393A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3231
2013-2014: S1191
2015-2016: S2058

2011-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.

2011-S4393A (ACTIVE) - Sponsor Memo

2011-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
              

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