Establishes the witness protection fund; appropriation

1 Co-sponsor

• Ruben Diaz

Title of bill

An act to amend the state finance law, in relation to establishing the witness protection fund and making an appropriation therefor

Purpose or general idea of bill

This bill would provide a source of funding for the protection and/or relocation of witnesses in criminal cases.

Summary of specific provisions

Adds new section 89-h to the state finance law, 89h (1) Establishes the "Witness Protection Fund" to be jointly administered by the State Comptroller and the Commissioner of the Department of Taxation and Finance.

89h(2) States that the Fund shall consist of 5% of all moneys received pursuant to section 60.35 of the penal law; 5% of moneys received pursuant to section 1809 of the vehicle and traffic law from any court other than a town or village court; 10% of all moneys deposited to the credit of the State police Seized Asset account in each calendar year; all other fees, fines, grants, bequests or other moneys made available for the purposes of the Fund.

89h(3) Provides that moneys in the Fund, following appropriation by the Legislature and allocation by the Director of the Budget shall be made available to the Division of Criminal Justices Services for local assistance services and expenses of programs designed to provide witness protection services.

89h(4) Provides that any moneys remaining in the Fund at the end of each year shall be returned to the Fund and not revert to the General Fund.

Appropriates $5 million to the Witness Protection Fund.

Effects of present law which this bill would alter

There is currently no allocation at the State level for protecting and relocating witnesses to crimes who may be in jeopardy. This law would establish a State fund to provide for witness protection and/or relocation.

Justification

Since 1980, 19 witnesses who were preparing to testify in criminal cases in New York City have been murdered. Across the State, 14 witnesses have been killed in the past seven years. Additionally, hundreds of other witnesses to crimes have been threatened, harassed or intimidated into silence because they cannot be protected from criminals and their associates. In one particular case, Bobby Gibson, a witness to a murder was himself gunned down in Brooklyn. After his murder, numerous witnesses refused to testify or went into hiding.

New York must protect those who are brave enough to come forward and testify against criminals. Local agencies do not have the resources to provide for protection and relocation of witnesses. Federal prosecutors have seen numerous successful cases against organized crime kingpins thanks to the Federal Witness Protection program. Mafia don John Gotti was convicted thanks to the testimony of Sam Gravano, one of his lieutenants, who entered the witness protection program. Local governments and criminal justice agencies do not have the luxury of access to the Federal Witness Protection program so witnesses are often forced to live in the same areas or neighborhoods as the gangs and criminals they will testify against.

Legislative history

S.2493A of 2007 02/06/07 Referred to Finance

Fiscal implications for state and local governments

$5 million appropriation from the State. Additional fiscal implications unknown at present time.

Effective date

This act shall take effect immediately.