Legislation
SECTION 95.00
Pre-criminal proceeding settlement
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 95
* § 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
chapter, 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
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
attorney 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.
* NB Repealed March 31, 2025
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
chapter, 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
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
attorney 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.
* NB Repealed March 31, 2025