S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1372
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 8, 2021
                                ___________
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the criminal procedure law, in relation to  pre-criminal
   proceeding  settlements  in the city of New York; and to amend chapter
   55 of the laws of 2018 amending the criminal procedure law relating to
   pre-criminal proceeding settlements  in  the  city  of  New  York,  in
   relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 95.00 of the criminal procedure law,  as  added  by
 section  2  of  part  E of chapter 55 of the laws of 2020, is amended to
 read as follows:
 § 95.00 Pre-criminal proceeding settlement.
   When a county district attorney of a county located in a city  of  one
 million  or  more  recovers  monies  before  the filing of an accusatory
 instrument as defined in subdivision one of section 1.20 of  this  chap-
 ter,  after  injured  parties  have been appropriately compensated, [the
 district attorney's office shall retain a percentage  of  the  remaining
 such  monies  in recognition that such monies were recovered as a result
 of investigations undertaken by such office. For each recovery the total
 amount of such monies to be retained by the county  district  attorney's
 office  shall equal ten percent of the first twenty-five million dollars
 received by such office, plus seven and one-half percent of such  monies
 received  by  such  office  in excess of twenty-five million dollars but
 less than fifty million dollars, plus five percent of  any  such  monies
 received by such office in excess of fifty million dollars but less than
 one hundred million dollars, plus one percent of such monies received by
 such  office in excess of one hundred million dollars. The remainder of]
 such monies shall be paid by the district attorney's office to the state
 and to the county in equal amounts within thirty days of receipt,  where
 disposition  of  such monies is not otherwise prescribed by law. [Monies

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

                                                            LBD01677-01-1

 A. 1372                             2

 distributed to a county district  attorney's  office  pursuant  to  this
 section  shall  be  used  to  enhance law enforcement efforts within the
 state of New York. On December first of each year, every district attor-
 ney  shall  provide  the governor, temporary president of the senate and
 speaker of the assembly with an annual report detailing the total amount
 of monies  received  as  described  herein  by  his  or  her  office,  a
 description  of  how  and  where such funds, and an itemization of funds
 received in the previous ten years,  were  distributed  by  his  or  her
 office but shall not include a description of the distribution of monies
 where  the  disclosure  of  such  information would interfere with a law
 enforcement investigation or a  judicial  proceeding,  and  the  current
 total  balance  of  monies held on deposit for state sanctioned deferred
 prosecution agreements. The report shall include a detailed  description
 of  any entity to which funds are distributed, including but not limited
 to, whether it is  a  profit  or  not-for-profit  entity,  where  it  is
 located, and the intended use of the monies distributed, and shall state
 the law enforcement purpose.]
   §  2.  Section  2 of part F of chapter 55 of the laws of 2018 amending
 the criminal procedure law relating to pre-criminal  proceeding  settle-
 ments  in  the  city  of New York, as amended by section 25 of part A of
 chapter 55 of the laws of 2020, is amended to read as follows:
   § 2. This act shall take effect immediately and shall remain  in  full
 force  and  effect  until  March  31,  2021, when it shall expire and be
 deemed repealed.
   § 3. This act shall take effect immediately.