2023 New York Laws › EXC - Executive › Article 22 - 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  incarcerated  individual  serving  a  sentence  with  the
department of  corrections  and  community  supervision  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 incarcerated individual or
prisoner and deposits in  an  incarcerated  individual  account  to  the
credit  of  the  incarcerated individual 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 incarcerated individual 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 department of corrections and  community  supervision
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 department of corrections
and community  supervision,  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,
the  department of corrections and community supervision, 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
the state board of parole or the department of corrections and community
supervision  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
department   of   corrections  and  community  supervision  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  department  of  corrections  and
community  supervision, 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,  the
department  of  corrections  and  community  supervision, 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 incarcerated individual serving
a sentence with the department of corrections and community  supervision
or  prisoner  confined  at a local correctional facility and deposits or
will deposit in an incarcerated individual account to the credit of  the
incarcerated  individual  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 incarcerated individual
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
incarcerated individual  account  to  the  credit  of  the  incarcerated
individual 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.