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S3321Senate2009-2010 SessionSame asA7517

Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime

Status
In Senate Committee
Crime Victims, Crime And Correction
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Crime Victims, Crime And Correction

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Who cares

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Sponsors

Primary sponsor
Suzi Oppenheimer

Senator · Senate District 37

1 Co-sponsor

History

  1. Print number 3321a
  2. Amend and recommit to crime victims, crime and correction
  3. Referred to crime victims, crime and correction
  4. Reported and committed to codes
  5. Referred to crime victims, crime and correction

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A7517Assembly

Requires contractors to give immediate written notice to the crime victims board regarding payments of profit of a crime

In Assembly Committee · Governmental Operations · Sponsor George Latimer

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the executive law, in relation to payments received as profit for a crime

Purpose

The purpose of this bill is to encourage persons contracting with convicted criminals to contact the crime victims Board

Summary of provisions

The bill establishes a civil penalty up to the full amount of a contract, except that if the consideration offered or contracted is $25,000 or more the fine would be $25,000 plus up to 25% of the contract, for failure to give written notice to the Crime Victims Board when entering into a contract with convicted criminals and the payment or obligation to pay could be construed as "profits from a crime". Any fine collected as a result of a violation will be held in escrow for the potential benefits of the victim prior to it be it being deposited according to procedures stipulated in section 7 (b) (i). This bill would establish a civil penalty in the Executive Law.

Justification

Section 632-a.2(a) of the Executive Law requires that any person, firm, corporation, partnership, association or other legal entity which knowingly contracts for par, or agrees to pay, any profit from a crime to a person charged with or convicted of that crime should give written notice to the Crime Victims Board of the payment, or obligation to pay, as soon as is practicable after discovery that intended payment is a profit of the crime. The statute, however, does not penalize companies which do not notify the Board. Recently, Time Warner paid $55,000 to Laurie Kellog, who is serving twenty-five years to life for her role in the 1991 murder of her husband, for the use of her story as the basis for a television movie. A lawsuit has now been filed by the State on behalf of the murder victim Bruce Kellog's family. While it's rare that criminals are paid large amounts of money for the rights to their story, this notification to the Crime Victims Board should be ensured.

Legislative history

03/07/07 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 01/09/08 REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION 06/01/09 REPORTED AND COMMITTED TO CODES

Fiscal implications

There may he some increased revenue to the State as a result of the fines imposed under this legislation.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.