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 |
Apr 11, 2012 |
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 |
Senate Bill S4393
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C) Senate District
(R) Senate District
2011-S4393 - Details
2011-S4393 - Sponsor Memo
BILL NUMBER:S4393 TITLE OF BILL: An act to amend the executive law, in relation to a defendant profiting from his or her crime SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivisions 1 and 2 of §632-a of the Executive Law which prohibits a defendant who is found or takes a plea of not responsible by reason of mental disease or defect from deriving a profit from his or her crime. Section 2 is the enacting provision. JUSTIFICATION: In the summer of 1977, a series of murders of young women in New York left the city paralyzed with fear and created a media frenzy. Before the investigation was complete, news had spread that publishers were offering to pay a huge sum of money for the rights to the killer's story. In response, the New York legislature passed Executive Law §632-a, popularly deemed the "Son of Sam" law.
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
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C) Senate District
(R) Senate District
2011-S4393A (ACTIVE) - Details
2011-S4393A (ACTIVE) - Sponsor Memo
BILL NUMBER:S4393A TITLE OF BILL: An act to amend the executive law, in relation to a defendant profiting from his or her crime SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends subdivisions 1 and 2 of §632-a of the Exec- utive Law which prohibits a defendant who is found or takes a plea of not responsible by reason of mental disease or defect from deriving a profit from his or her crime. Section 2 is the effective date. JUSTIFICATION: In the summer of 1977, a series of murders of young women in New York left the city paralyzed with fear and created a media frenzy. Before the investigation was complete, news had spread that publishers were offer- ing to pay a huge sum of money for the rights to the killer's story. In response, the New York legislature passed Executive Law §632-a, popular- ly deemed the "Son of Sam" law. The Son of Sam law was designed to prevent criminals from profiting from their crimes through the commercial exploitation of their stories. The law was intended to "ensure that monies received by the criminal under such circumstances....first be made available to recompense the victims
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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