Senate Bill S2058

2015-2016 Legislative Session

Relates to preventing defendants from making any profit from their crimes

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


  • 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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2015-S2058 (ACTIVE) - Details

See Assembly Version of this Bill:
A1128
Law Section:
Executive Law
Laws Affected:
Amd §632-a, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3231
2011-2012: S4393, A9497
2013-2014: S1191, A6975

2015-S2058 (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.

2015-S2058 (ACTIVE) - Sponsor Memo

2015-S2058 (ACTIVE) - Bill Text download pdf

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

                                  2058

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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,
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,
or in preparation for the commission of, a crime, as well as any proper-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03314-01-5
              

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