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Assembly Bill A5386

2013-2014 Legislative Session

Permits antitrust fines or penalties to be paid to the office of victim services in the court's discretion

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2013-A5386 (ACTIVE) - Details

See Senate Version of this Bill:
S7577
Current Committee:
Senate Investigations And Government Operations
Law Section:
General Business Law
Laws Affected:
Add §347-a, Gen Bus L; amd §623, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1046
2011-2012: A2942, A9028
2015-2016: A2661, S306
2017-2018: A3555, S58
2019-2020: A4054, S41

2013-A5386 (ACTIVE) - Summary

Provides that in any action commenced under the state's anti-trust law, the court may direct that all or any part of a criminal fine or civil penalty imposed upon a violator may, in the court's discretion, be ordered to be deposited with the office of victim services.

2013-A5386 (ACTIVE) - Bill Text download pdf 

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

                                  5386

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, TITONE -- read once and referred to
  the Committee on Governmental Operations

AN ACT to amend the general business  law  and  the  executive  law,  in
  relation to the disposition of certain fines

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

  Section 1. The general business law is amended by adding a new section
347-a to read as follows:
  S 347-A. FINES PAYABLE TO THE OFFICE OF VICTIM  SERVICES.    FOLLOWING
SENTENCING  FOR  A  CRIME PURSUANT TO SECTION THREE HUNDRED FORTY-ONE OF
THIS ARTICLE OR UPON  A  JUDGMENT  PURSUANT  TO  SECTION  THREE  HUNDRED
FORTY-TWO-A  OF  THIS ARTICLE, THE COURT IN ITS DISCRETION MAY DETERMINE
THAT ANY FINE OR PENALTY OR ANY PORTION THEREOF SHALL  BE  PAID  TO  THE
OFFICE  OF  VICTIM  SERVICES  TO  BE EXPENDED FOR ANY PURPOSE OF ARTICLE
TWENTY-TWO OF THE EXECUTIVE LAW AS PROVIDED BY SUBDIVISION  NINETEEN  OF
SECTION SIX HUNDRED TWENTY-THREE OF SUCH LAW.
  S 2. Subdivision 19 of section 623 of the executive law, as amended by
section  8  of part A-1 of chapter 56 of the laws of 2010, is amended to
read as follows:
  19. To accept, with the approval of the  governor,  as  agent  of  the
state,  any  grant  including  federal  grants,  ANY  FINES OR PENALTIES
IMPOSED PURSUANT TO SECTION THREE HUNDRED  FORTY-ONE  OR  THREE  HUNDRED
FORTY-TWO-A  OF  THE GENERAL BUSINESS LAW AND MADE PAYABLE TO THE OFFICE
PURSUANT TO SECTION THREE HUNDRED FORTY-SEVEN-A OF SUCH LAW, or any gift
for the purposes of this article. Any monies so received may be expended
by the office to effectuate any purpose of this article, subject to  the
applicable provisions of the state finance law.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law and shall apply to any judgment  entered  or  fine  or
penalty imposed on or after such date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09255-01-3

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