senate Bill S1191

2013-2014 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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to governmental operations
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.413
Feb 27, 2014 reported and committed to finance
Jan 08, 2014 referred to crime victims, crime and correction
returned to senate
died in assembly
Jun 11, 2013 referred to governmental operations
delivered to assembly
passed senate
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.989
Apr 22, 2013 reported and committed to finance
Jan 09, 2013 referred to crime victims, crime and correction

Co-Sponsors

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S1191 - Details

See Assembly Version of this Bill:
A6975
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4393A, A9497
2009-2010: S3231

S1191 - 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.

S1191 - Sponsor Memo

S1191 - Bill Text download pdf

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

                                  1191

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FLANAGAN, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ --
  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,
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
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,

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

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