senate Bill S1191

2013-2014 Legislative Session

Relates to preventing defendants from making any profit from their crimes

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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

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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

Votes

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Apr 29, 2014 - Finance committee Vote

S1191
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Feb 27, 2014 - Crime Victims, Crime and Correction committee Vote

S1191
12
0
committee
12
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Feb 27, 2014

aye wr (1)

Apr 22, 2013 - Crime Victims, Crime and Correction committee Vote

S1191
11
1
committee
11
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: Apr 22, 2013

nay (1)
excused (1)

Co-Sponsors

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S1191 - Bill 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 - Bill Texts

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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.

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BILL NUMBER:S1191

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 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
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.

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 of that crime for their loss and suffering."

To achieve that goal, the law required that any entity contracting
with anyone accused or convicted of a crime supply a copy of the
contract to the Crime Victims Compensation Board and pay the board
any income earned pursuant to that contract. The money would remain
in escrow for five years, during which time a victim could bring a
civil action against his or her alleged perpetrator. If the civil
action was successful, the funds would be used to satisfy any
judgment rendered. If no actions were pending after five years, the
board would then be required to pay the escrow funds to the accused.

This law has proved so popular that more than 40 states and
the federal government now have Son of Sam laws. However, the
the New York statute has one significant flaw which should be
remedied. If a notorious criminal
is found, or takes a plea of not responsible by reason of mental
disease or defect he or she will fall outside the reach of the statute.
This is more important than ever because famous criminals are trading
on their notoriety like never before. The emergence of an underground
trade in objects associated with crime, especially murder is perhaps
the most sickening development so far. These objects, known as
"murder memorabilia" or "murderabilia," include manufactured items
representative of criminals or crimes, such as murderer trading
cards or figurines, and non-manufactured items associated with the
criminals or crimes themselves. Letters and paintings by inmates are
especially popular, and items like hair and fingernail clippings from
criminals also provide easy objects for criminals to cultivate and
sell. Charles Manson is probably the most popular figure in


murderabilia, followed by such infamous criminals as John Wayne Gacy,
Richard "Nightstalker" Ramirez, and cannibal Jeffrey Dahmer. Buyers
are plentiful in this macabre industry. What was once an underground
practice has entered the mainstream through the help of Internet
auction sites like eBay and Yahoo. Sites dedicated solely to the
trade and collection of such items have also developed, permitting
dealers and buyers to enter into anonymous transactions and avoid
scrutiny by an unsuspecting public. They
have also allowed inmates to skirt prison rules prohibiting
transactions outside the prison walls by enabling agents to easily
sell the paraphernalia on their behalf. Had any of these men been
prosecuted in New York and been found, or taken a plea of, not
responsible by reason of mental disease or defect he would have
fallen beyond the protection of §632-a of the Executive Law.

PRIOR LEGISLATIVE HISTORY:
2005-06: Passed Senate
2007-08: Passed Senate
2009-10: Senate Crime Victims, Crime & Corrections Committee
2011-12: Passed Senate

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.
                                                           LBD05656-01-3

S. 1191                             2

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.
  (c)  "Funds  of  a  convicted  person"  means  all  funds and property
received from any source by a person convicted of a specified crime,  OR
FOUND,  OR  THE  COURT  ACCEPTS  A PLEA OF, NOT RESPONSIBLE BY REASON OF
MENTAL DISEASE OR DEFECT or by the  representative  of  such  person  as
defined  in  subdivision  six  of section six hundred twenty-one of this
article excluding child support and earned income, where such person:
  (i) is an inmate serving a sentence with the department of corrections
and community supervision or a prisoner confined at a local correctional
facility or federal correctional institute, and includes  funds  that  a
superintendent,  sheriff  or municipal official receives on behalf of an
inmate or prisoner and deposits in an inmate account to  the  credit  of
the inmate pursuant to section one hundred sixteen of the correction law
or deposits in a prisoner account to the credit of the prisoner pursuant
to section five hundred-c of the correction law; or
  (ii)  is  not  an  inmate or prisoner but who is serving a sentence of
probation or conditional discharge or is presently subject to an undisc-
harged indeterminate, determinate or definite term  of  imprisonment  or
period  of  post-release  supervision or term of supervised release, but
shall include earned income earned during a period in which such  person
was  not  in  compliance  with  the  conditions of his or her probation,
parole, conditional release, period of post-release supervision  by  the
department  of  corrections  and community supervision or term of super-
vised release with the United States probation office or  United  States
parole  commission.  For  purposes  of this subparagraph, such period of
non-compliance shall be measured, as applicable, from the earliest  date
of delinquency determined by the department of corrections and community
supervision,  or from the earliest date on which a declaration of delin-
quency is filed pursuant to section 410.30 of the criminal procedure law
and thereafter sustained, or  from  the  earliest  date  of  delinquency
determined  in  accordance  with  applicable federal law, rules or regu-
lations, and shall continue until a final determination  sustaining  the
violation   has  been  made  by  the  trial  court,  the  department  of
corrections and community supervision, or appropriate federal authority;
or
  (iii) is no longer subject to a sentence of probation  or  conditional
discharge or indeterminate, determinate or definite term of imprisonment
or period of post-release supervision or term of supervised release, and
where within the previous three years: the full or maximum term or peri-
od  terminated  or expired or such person was granted a discharge by the
state board of parole or the department  of  corrections  and  community
supervision pursuant to applicable law, or granted a discharge or termi-
nation  from probation pursuant to applicable law or granted a discharge
or termination under applicable federal or state  law,  rules  or  regu-
lations  prior to the expiration of such full or maximum term or period;
and includes only: (A) those funds paid to such person as  a  result  of
any  interest,  right, right of action, asset, share, claim, recovery or
benefit of any kind that the person obtained, or that accrued  in  favor
of  such person, prior to the expiration of such sentence, term or peri-
od; (B) any recovery or award collected in a lawsuit after expiration of
such sentence where the right or cause of action accrued  prior  to  the
expiration  or  service  of  such sentence; and (C) earned income earned
during a period in which such person was  not  in  compliance  with  the

S. 1191                             3

conditions  of his or her probation, parole, conditional release, period
of post-release supervision by the department of corrections and  commu-
nity  supervision  or  term of supervised release with the United States
probation  office  or  United  States parole commission. For purposes of
this subparagraph, such period of non-compliance shall be  measured,  as
applicable,  from  the  earliest  date  of delinquency determined by the
department of corrections and community supervision, or from the  earli-
est  date  on  which  a  declaration of delinquency is filed pursuant to
section 410.30 of the criminal procedure law and  thereafter  sustained,
or  from  the earliest date of delinquency determined in accordance with
applicable federal law, rules or regulations, and shall continue until a
final determination sustaining the violation has been made by the  trial
court,  the  department  of  corrections  and  community supervision, or
appropriate federal authority; OR
  (IV) IS COMMITTED TO A SECURE FACILITY DESIGNATED BY THE  COMMISSIONER
OF  MENTAL  HEALTH OR SUBJECT TO TREATMENT WHICH MAY INCLUDE CONDITIONAL
OR UNCONDITIONAL RELEASE.
  (d) "Crime victim" means (i) the victim of a crime; (ii) the represen-
tative of a crime victim as defined in subdivision six  of  section  six
hundred twenty-one of this article; (iii) a good samaritan as defined in
subdivision  seven  of  section  six hundred twenty-one of this article;
(iv) the office of victim services or other governmental agency that has
received an application for or provided financial assistance or  compen-
sation to the victim.
  (e) (i) "Specified crime" means:
  (A)  a violent felony offense as defined in subdivision one of section
70.02 of the penal law;
  (B) a class B felony offense defined in the penal law;
  (C) an offense for which a merit time allowance may  not  be  received
against  the  sentence  pursuant  to paragraph (d) of subdivision one of
section eight hundred three of the correction law;
  (D) an offense defined in the penal law that is titled in such law  as
a felony in the first degree;
  (E)  grand  larceny in the fourth degree as defined in subdivision six
of section 155.30 or grand larceny in the second degree  as  defined  in
section 155.40 of the penal law;
  (F)  criminal  possession  of  stolen property in the second degree as
defined in section 165.52 of the penal law; or
  (G) an offense in any jurisdiction which includes all of the essential
elements of any of the crimes specified in clauses (A)  through  (F)  of
this subparagraph and either 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 the act or acts constitut-
ing the crime occurred in whole or in part in this state.
  (ii) Notwithstanding the provisions of subparagraph (i) of this  para-
graph  a  "specified crime" shall not mean or include an offense defined
in any of the following articles of the penal law: articles one  hundred
fifty-eight,  one hundred seventy-eight, two hundred twenty, two hundred
twenty-one, two hundred twenty-five, and two hundred thirty.
  (f) "Earned income" means income  derived  from  one's  own  labor  or
through  active participation in a business as distinguished from income
from, for example, dividends or investments.
  2. (a) Every person, firm, corporation,  partnership,  association  or
other legal entity, or representative of such person, firm, corporation,
partnership, association or entity, which knowingly contracts for, pays,
or  agrees  to pay: (i) any profits from a crime as defined in paragraph

S. 1191                             4

(b) of subdivision one of this section, to  a  person  charged  with  or
convicted  OR  FOUND, OR THE COURT ACCEPTS A PLEA OF, NOT RESPONSIBLE BY
REASON OF MENTAL DISEASE OR DEFECT, of that crime, or to  the  represen-
tative  of  such  person  as  defined  in subdivision six of section six
hundred twenty-one of this article; or (ii) any  funds  of  a  convicted
person,  as defined in paragraph (c) of subdivision one of this section,
where such conviction is for a specified crime and the  value,  combined
value  or  aggregate  value  of  the  payment  or payments of such funds
exceeds or will exceed ten thousand dollars, shall give  written  notice
to the office of the payment or obligation to pay as soon as practicable
after  discovering  that  the  payment  or  intended payment constitutes
profits from a crime or funds of a convicted person.
  (b) Notwithstanding subparagraph (ii) of paragraph (a) of this  subdi-
vision,  whenever  the  payment or obligation to pay involves funds of a
convicted person that a superintendent, sheriff  or  municipal  official
receives  or will receive on behalf of an inmate serving a sentence with
the department of corrections  and  community  supervision  or  prisoner
confined  at  a local correctional facility and deposits or will deposit
in an inmate account to the credit  of  the  inmate  or  in  a  prisoner
account  to the credit of the prisoner, and the value, combined value or
aggregate value of such  funds  exceeds  or  will  exceed  ten  thousand
dollars,  the  superintendent,  sheriff or municipal official shall also
give written notice to the office.
  Further, whenever the state or subdivision of the state makes  payment
or  has  an obligation to pay funds of a convicted person, as defined in
subparagraph (ii) [or] , (iii) OR (IV) of paragraph (c)  of  subdivision
one of this section, and the value, combined value or aggregate value of
such  funds  exceeds  or  will exceed ten thousand dollars, the state or
subdivision of the state shall also give written notice to the office.
  In all other instances where the payment or obligation to pay involves
funds of a convicted person, as defined in subparagraph (ii) [or], (iii)
OR (IV) of paragraph (c) of subdivision one of  this  section,  and  the
value,  combined  value or aggregate value of such funds exceeds or will
exceed ten thousand dollars, the convicted person who receives  or  will
receive  such  funds, or the representative of such person as defined in
subdivision six of section six hundred twenty-one of this article, shall
give written notice to the office.
  (c) The office, upon receipt of notice of a contract, an agreement  to
pay  or  payment  of profits from a crime or funds of a convicted person
pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
notice of funds of a convicted person from the  superintendent,  sheriff
or  municipal  official  of the facility where the inmate or prisoner is
confined pursuant to section one hundred sixteen or  five  hundred-c  of
the  correction  law, shall notify all known crime victims of the exist-
ence of such profits or funds at their last known address.
  S 2. This act shall take effect immediately.

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