2010 New York Code
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
632-A - Crime victims.

§ 632-a. Crime victims. 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; (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 property
  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
  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
  correctional services 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
  undischarged 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
  division  of parole 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
  board  or  division  of  parole,  or  from  the earliest 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,
  board or division of parole, 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
  period terminated or expired or such person was granted a discharge by a
  board of parole pursuant to applicable law, or granted  a  discharge  or
  termination  from  probation  pursuant  to  applicable  law or granted a

discharge or termination under applicable federal or state law, rules or
  regulations 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 period; (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  conditions  of  his  or  her  probation,  parole,
  conditional release, period of post-release supervision by the  division
  of parole 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
  board or division of parole, or  from  the  earliest  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,
  board or division of parole, or appropriate federal authority.
    (d)  "Crime  victim"  means  (i)  the  victim  of  a  crime;  (ii) the
  representative 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 compensation 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
  constituting the crime occurred in whole or in part in this state.
    (ii) Notwithstanding  the  provisions  of  subparagraph  (i)  of  this
  paragraph  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
  (b)  of  subdivision  one  of  this section, to a person charged with or
  convicted of that crime, or to the  representative  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
  subdivision, 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 correctional services 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) 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) 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
  existence of such profits or funds at their last known address.
    3.  Notwithstanding  any inconsistent provision of the estates, powers
  and trusts law or the civil practice law and rules with respect  to  the
  timely  bringing  of an action, any crime victim shall have the right to
  bring a civil action in a court of  competent  jurisdiction  to  recover
  money  damages  from  a  person  convicted of a crime of which the crime
  victim is a victim, or the  representative  of  that  convicted  person,
  within three years of the discovery of any profits from a crime or funds
  of  a  convicted  person,  as  those  terms are defined in this section.
  Notwithstanding any other provision of law to the contrary,  a  judgment
  obtained  pursuant  to this section shall not be subject to execution or

enforcement against the first  one  thousand  dollars  deposited  in  an
  inmate  account  to  the  credit  of  the inmate pursuant to section one
  hundred sixteen of the correction law or in a prisoner  account  to  the
  credit  of  the  prisoner  pursuant  to  section  five  hundred-c of the
  correction law. In addition, where the civil action involves funds of  a
  convicted  person  and such funds were recovered by the convicted person
  pursuant to a judgment obtained in a civil action, a  judgment  obtained
  pursuant  to this section may not be subject to execution or enforcement
  against a portion thereof in accordance with subdivision (k) of  section
  fifty-two hundred five of the civil practice law and rules. If an action
  is  filed pursuant to this subdivision after the expiration of all other
  applicable statutes of limitation, any other crime victims must file any
  action for damages as a result of the crime within three  years  of  the
  actual  discovery  of  such  profits  or funds, or within three years of
  actual notice received from or notice published by the  office  of  such
  discovery, whichever is later.
    4.  Upon  filing  an  action  pursuant  to  subdivision  three of this
  section, the crime victim shall give notice to the office of the  filing
  by  delivering  a  copy  of the summons and complaint to the office. The
  crime victim may also give such notice to the office prior to filing the
  action  so  as  to  allow  the  office  to  apply  for  any  appropriate
  provisional  remedies which are otherwise authorized to be invoked prior
  to the commencement of an action.
    5. Upon receipt of a copy of a summons and complaint, or upon  receipt
  of  notice  from the crime victim prior to filing the action as provided
  in subdivision four of this section, the office shall  immediately  take
  such actions as are necessary to:
    (a)  notify  all other known crime victims of the alleged existence of
  profits from a crime or funds of a convicted person by  certified  mail,
  return  receipt  requested,  where  the victims' names and addresses are
  known by the office;
    (b) publish, at least once every six months for three years  from  the
  date  it is initially notified by a victim, pursuant to subdivision four
  of this section, a legal notice in newspapers of general circulation  in
  the county wherein the crime was committed and in counties contiguous to
  such  county advising any crime victims of the existence of profits from
  a crime or funds of a convicted person. For crimes committed in a county
  located within a city having a population of one million  or  more,  the
  notice  shall  be  published in newspapers having general circulation in
  such  city.  The  office  may,  in  its  discretion,  provide  for  such
  additional notice as it deems necessary;
    (c) avoid the wasting of the assets identified in the complaint as the
  newly discovered profits from a crime or as funds of a convicted person,
  in any manner consistent with subdivision six of this section.
    6.  The  office,  acting  on  behalf  of  the  plaintiff and all other
  victims, shall have the right to  apply  for  any  and  all  provisional
  remedies that are also otherwise available to the plaintiff.
    (a)  The  provisional remedies of attachment, injunction, receivership
  and notice of pendency  available  to  the  plaintiff  under  the  civil
  practice  law  and  rules,  shall also be available to the office in all
  actions under this section.
    (b) On a motion for a provisional remedy, the moving party shall state
  whether any other provisional remedy has previously been sought  in  the
  same action against the same defendant. The court may require the moving
  party  to  elect  between  those remedies to which it would otherwise be
  entitled.
    7. (a) (i) Whenever it appears that a person or entity  has  knowingly
  and willfully failed to give notice in violation of paragraph (a) or (b)

of  subdivision two of this section, other than the state, a subdivision
  of the state, or a person who is a superintendent, sheriff or  municipal
  official required to give notice pursuant to this section or section one
  hundred  sixteen  or  section  five hundred-c of the correction law, the
  office shall be authorized to serve a notice of hearing upon the  person
  or  entity  by  personal service or by registered or certified mail. The
  notice shall contain the time, place and  purpose  of  the  hearing.  In
  addition,  the  notice shall be accompanied by a petition alleging facts
  of an evidentiary character that support or tend  to  support  that  the
  person  or entity, who shall be named therein as a respondent, knowingly
  and willfully failed to give notice in violation of paragraph (a) or (b)
  of subdivision two of this section. Service of the notice  and  petition
  shall take place at least fifteen days prior to the date of the hearing.
    (ii)  The director or any individual designated by the director, shall
  preside over the hearing, shall administer oaths,  may  issue  subpoenas
  and  shall not be bound by the rules of evidence or civil procedure, but
  his or her determination shall  be  based  on  a  preponderance  of  the
  evidence.  At  the  hearing, the burden of proof shall be on the office.
  The office shall produce witnesses and present evidence  in  support  of
  the  alleged violation, which may include relevant hearsay evidence. The
  respondent, who may appear personally at the  hearing,  shall  have  the
  right  of  counsel  and may cross-examine witnesses and produce evidence
  and witnesses in his or her behalf, which may include  relevant  hearsay
  evidence.  The  issue  of  whether  the  person  who received an alleged
  payment or obligation to pay committed the underlying crime shall not be
  re-litigated at the hearing. Where the alleged violation is the  failure
  to  give  notice  of a payment amount involving two or more payments the
  combined value or aggregate value of which exceeds ten thousand dollars,
  no violation shall be found unless it is shown that such  payments  were
  intentionally  structured  to  conceal  their  character  as  funds of a
  convicted person, as defined in this section.
    (iii) At the conclusion of the hearing, if the director or  designated
  individual is not satisfied that there is a preponderance of evidence in
  support  of  a  violation,  the  director or designated individual shall
  dismiss the petition.  If  the  director  or  designated  individual  is
  satisfied  that  there  is  a  preponderance  of  the  evidence that the
  respondent committed one or more violations, the director or  designated
  individual  shall  so  find.  Upon  such  a  finding,  the  director  or
  designated individual shall prepare a  written  statement,  to  be  made
  available  to  the  respondent  and respondent's counsel, indicating the
  evidence relied on and the reasons for finding the violation.
    (iv)  The  director  shall  adopt,  promulgate,   amend   and   repeal
  administrative  rules  and  regulations  governing  the procedures to be
  followed with respect to hearings, including rules and  regulations  for
  the administrative appeal of a decision made pursuant to this paragraph,
  provided  such  rules and regulations are consistent with the provisions
  of this subdivision.
    (b)(i) Whenever  it  is  found  pursuant  to  paragraph  (a)  of  this
  subdivision  that  a  respondent  knowingly and willfully failed to give
  notice in violation of paragraph (a) or (b) of subdivision two  of  this
  section,  the  office  shall impose an assessment of up to the amount of
  the payment or obligation to pay and  a  civil  penalty  of  up  to  one
  thousand  dollars  or  ten  percent of the payment or obligation to pay,
  whichever is greater. If a respondent fails to pay  the  assessment  and
  civil  penalty  imposed  pursuant  to this paragraph, the assessment and
  civil penalty may be recovered from the respondent by an action  brought
  by the attorney general, upon the request of the office, in any court of
  competent  jurisdiction.  The  office shall deposit the assessment in an

escrow account pending the expiration  of  the  three  year  statute  of
  limitations  authorized by subdivision three of this section to preserve
  such funds to satisfy a civil judgment in favor of a  person  who  is  a
  victim of a crime committed by the convicted person to whom such failure
  to  give  notice  relates. The office shall pay the civil penalty to the
  state comptroller who shall deposit the  money  in  the  state  treasury
  pursuant  to  section one hundred twenty-one of the state finance law to
  the credit of the criminal justice improvement  account  established  by
  section ninety-seven-bb of the state finance law.
    (ii)  The  office shall then notify any crime victim or crime victims,
  who may have a claim against the convicted person, of the  existence  of
  such moneys. Such notice shall instruct such person or persons that they
  may  have  a  right  to  commence  a  civil action against the convicted
  person, as well as any other information deemed necessary by the office.
    (iii) Upon a crime victim's presentation to  the  office  of  a  civil
  judgment for damages incurred as a result of the crime, the office shall
  satisfy  up to one hundred percent of that judgment, including costs and
  disbursements as taxed by the clerk of the court, with the escrowed fund
  obtained pursuant to this paragraph, but in no event shall the amount of
  all judgments, costs and  disbursements  satisfied  from  such  escrowed
  funds  exceed  the  amount in escrow. If more than one such crime victim
  indicates to the office that they intend to commence or have commenced a
  civil action against  the  convicted  person,  the  office  shall  delay
  satisfying any judgment, costs and disbursements until the claims of all
  such  crime  victims  are  reduced  to judgment. If the aggregate of all
  judgments,  costs  and  disbursement  obtained  exceeds  the  amount  of
  escrowed funds, the amount used to partially satisfy each judgment shall
  be reduced to a pro rata share.
    (iv)  After expiration of the three year statute of limitations period
  established in subdivision three  of  this  section,  the  office  shall
  review  all judgments that have been satisfied from such escrowed funds.
  In the event no claim was  filed  or  judgment  obtained  prior  to  the
  expiration  of  the  three year statute of limitations, the office shall
  return the escrowed amount to the respondent. In the event  a  claim  or
  claims are pending at the expiration of the statute of limitations, such
  funds  shall  remain  escrowed until the final determination of all such
  claims to allow the office to satisfy any judgment which may be obtained
  by the crime victim. Upon the final determination of all such claims and
  the satisfaction of up to one hundred percent  of  such  claims  by  the
  office,  the  office  shall  be authorized to impose an additional civil
  penalty of up to one thousand dollars or ten percent of the  payment  or
  obligation  to  pay,  whichever  is  greater. Prior to imposing any such
  penalty, the office shall serve a notice upon the respondent by personal
  service or by registered or certified mail of the intent of  the  office
  to  impose  such penalty thirty days after the date of the notice and of
  the  opportunity  to  submit  documentation  concerning   the   office's
  determination.  After  imposing  and deducting any such additional civil
  penalty, the office shall distribute such remaining escrowed  funds,  if
  any,  as  follows:  fifty  percent  to  the state comptroller, who shall
  deposit the money in the state treasury pursuant to section one  hundred
  twenty-one  of  the  state  finance  law  to  the credit of the criminal
  justice improvement account established by  section  ninety-seven-bb  of
  the state finance law; and fifty percent to the respondent.
    (v)  Notwithstanding  any  provision  of  law, an alleged failure by a
  convicted person to give notice under this section  may  not  result  in
  proceedings  for  an  alleged  violation of the conditions of probation,
  parole, conditional release,  post  release  supervision  or  supervised
  release  unless:  one or more claims were made by a crime victim against

the convicted person pursuant to this section, and the office imposes an
  assessment and/or penalty upon the convicted  person  pursuant  to  this
  section,  and  the convicted person fails to pay the total amount of the
  assessment  and/or  penalty  within sixty days of the imposition of such
  assessment and/or penalty.
    (vi) Records maintained by the office and proceedings  by  the  office
  based  thereon  regarding  a  claim  submitted by a victim or a claimant
  shall be deemed confidential, subject to the exceptions that  appear  in
  subdivision one of section six hundred thirty-three of this article.