S T A T E O F N E W Y O R K
________________________________________________________________________
7806
2021-2022 Regular Sessions
I N A S S E M B L Y
May 24, 2021
___________
Introduced by M. of A. McMAHON -- (at request of the Office of Victim
Services) -- read once and referred to the Committee on Codes
AN ACT to amend the estates, powers and trusts law, in relation to
renunciation of a beneficiary's interest; and to amend the criminal
procedure law and the civil practice law and rules, in relation to
commencing an action based upon a restitution order, or profits from a
crime or funds of a convicted person pursuant to article twenty-two of
the executive law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 1 of paragraph (c) of section 2-1.11 of the
estates, powers and trusts law, as amended by chapter 27 of the laws of
2010, is amended to read as follows:
(1) [Any] SUBJECT TO THE LIMITATION PROVIDED IN PARAGRAPH (K) OF THIS
SECTION, ANY beneficiary of a disposition may renounce all or part of
such beneficiary's interest; provided, however, that a surviving joint
tenant or tenant by the entirety may renounce the interest to which such
tenant succeeds, by operation of law upon the death of another joint
tenant or tenant by the entirety, to the extent such interest could be
the subject of a qualified disclaimer under section 2518 of the United
States Internal Revenue Code of 1986, as amended.
§ 2. Section 2-1.11 of the estates, powers and trusts law is amended
by adding a new paragraph (k) to read as follows:
(K) A RENUNCIATION MAY NOT BE MADE UNDER THIS SECTION WITH RESPECT TO
ANY PERSON SUBJECT TO THE PROVISIONS OF SECTION SIX HUNDRED THIRTY-TWO-A
OF THE EXECUTIVE LAW; UNLESS, HOWEVER, THAT THE OFFICE OF VICTIM
SERVICES STATES IT WILL NOT PROCEED WITH AN ACTION TO OBTAIN AN INJUNC-
TION AGAINST ANY SUCH INTEREST, IN A WRITING TO BE FILED BY THE OFFICE
OF VICTIM SERVICES IN THE OFFICE OF THE CLERK OF THE COURT HAVING JURIS-
DICTION OVER THE WILL OR TRUST AGREEMENT GOVERNING THE PROPERTY OF WHICH
THE DISPOSITION WOULD OTHERWISE BE MADE OR THE COURT WHICH ISSUED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09645-02-1
A. 7806 2
LETTERS OF ADMINISTRATION, OR IF THERE IS NO PROBATE OR ADMINISTRATION,
THEN IN A SURROGATE'S COURT PROVIDED BY LAW AS THE PLACE OF PROBATE OR
ADMINISTRATION OF THE DECEDENT'S ESTATE.
§ 3. Paragraph (a) of subdivision 6 of section 420.10 of the criminal
procedure law, as amended by chapter 618 of the laws of 1992, is amended
to read as follows:
(a) A fine, restitution or reparation imposed or directed by the court
shall be imposed or directed by a written order of the court containing
the amount thereof required to be paid by the defendant. The court's
order also shall direct the district attorney to file a certified copy
of such order with the county clerk of the county in which the court is
situate except where the court which issues such order is the supreme
court in which case the order itself shall be filed by the clerk of the
court acting in his or her capacity as the county clerk of the county in
which the court is situate. Such order shall be entered by the county
clerk in the same manner as a judgment in a civil action in accordance
with subdivision (a) of rule five thousand sixteen of the civil practice
law and rules. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION
UPON SUCH ORDER MAY BE COMMENCED WITHIN TWENTY YEARS OF THE DATE SUCH
ORDER WAS IMPOSED BY THE COURT. Even if the defendant was imprisoned for
failure to pay such fine, restitution or reparation, or has served the
period of imprisonment imposed, such order after entry thereof pursuant
to this subdivision may be collected in the same manner as a judgment in
a civil action by the victim, as defined in paragraph (b) of subdivision
four of section 60.27 of the penal law, to whom restitution or repara-
tion was ordered to be paid, the estate of such person or the district
attorney. The entered order shall be deemed to constitute a judgment-
roll as defined in [section] RULE five thousand seventeen of the civil
practice law and rules and immediately after entry of the order, the
county clerk shall docket the entered order as a money judgment pursuant
to section five thousand eighteen of such law and rules. Wherever appro-
priate, the district attorney shall file a transcript of the docket of
the judgment with the clerk of any other county of the state. Such a
restitution or reparation order, when docketed shall be a first lien
upon all real property in which the defendant thereafter acquires an
interest, having preference over all other liens, security interests,
and encumbrances whatsoever, except:
(i) a lien or interest running to the benefit of the government of the
United States or the state of New York, or any political subdivision or
public benefit corporation thereof; or
(ii) a purchase money interest in any property.
§ 4. Section 213-b of the civil practice law and rules, as amended by
chapter 62 of the laws of 2001, is amended to read as follows:
§ 213-b. Action by a victim of a criminal offense. Notwithstanding any
other limitation set forth in this article or in article five of the
estates, powers and trusts law, an action by a crime victim, or the
representative of a crime victim, as defined in subdivision six of
section six hundred twenty-one of the executive law, may be commenced to
recover damages from a defendant[: (1)] convicted of a crime which is
the subject of such action, for any injury or loss resulting therefrom
within [seven] TWENTY years of the date of the crime [or (2) convicted
of a specified crime as defined in paragraph (e) of subdivision one of
section six hundred thirty-two-a of the executive law which is the
subject of such action for any injury or loss resulting therefrom within
ten years of the date the defendant was convicted of such specified
crime].
A. 7806 3
§ 5. The opening paragraph of section 5014 of the civil practice law
and rules, as amended by chapter 115 of the laws of 1965, is amended to
read as follows:
Except as permitted by section 15-102 of the general obligations law
AND PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION 420.10 OF THE CRIMINAL
PROCEDURE LAW, an action upon a money judgment entered in a court of the
state may only be maintained between the original parties to the judg-
ment where:
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.