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History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
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, the civil practice law and rules and the tax law, in relation to personal injury awards for injuries sustained by convicted violent felony offenders during the commission or as a direct result of a crime
Purpose
To require that civil judgments awarded to criminals as a result of injuries sustained during the commission or as a direct result of certain felonies be placed into receivership for a minimum of ten years so that the victims of the criminal and society may recover damages from the criminal's award.
Summary of provisions
The bill requires that judges and juries awarding civil judgments to persons for injuries sustained during the commission of a violent felony, or as a direct result of such violent felony, place the judgment in receivership for ten years and appoint the Crime Victims Board (CVB) as receiver. Once the receivership is established, the CVB is to notify all known and possible victims of this or any other criminal act by the felon so that claims may be filed for damages against the award. The CVB is authorized to distribute awards to qualifying claims at a rate of three-and-one-half times the actual damages suffered by victims of the crime. In addition, all victims of the crimes committed by the individual within the past 10 years can claim treble damages.
Read the full memo (638 words)
In addition to reimbursing crime victims from the criminal's funds, the Crime Victims Board is granted a fee of 20 percent to manage the receivership and permitted another 20 percent for the Crime Victims Compensation Fund. Also, any public costs, including those for health care and hospitalization, public defenders, court time, prosecution, and incarceration, can also be recovered from the felon's award.
Finally, after ten years, the remaining award monies are transferred to the individual, subject to a 10 percent state tax. The CVB is empowered to extend the life of the receivership if it has reason to believe there may be further claims filed.
Justification
New York courts have upheld a felon's right to sue law enforcement personnel in cases where the felon claims excessive force was used to apprehend him.
For example, the Court of Appeals in McCummings v. New York City Transit Authority, the majority held that the standard required to justify the use of deadly force by law enforcement in defending a charge of criminal conduct does not apply in negligence or civil cases. As a result, McCummings, who was paralyzed from a bullet fired by a transit police officer while in the course of fleeing the crime scene, was awarded a $4.3 million verdict. Clearly, there is something wrong with the system when a convicted criminal can profit from his or her crime.
This bill, if enacted into law, would preserve a criminal's constitutional right to sue but would place the jury award in receivership, against which any claims could be made.
Several attempts to exonerate police officers of liability in civil suits filed by felons have been struck down by the courts. By establishing such jury awards as receiverships, this bill will withstand constitutional scrutiny and help to insure that crime victims are compensated and felons not unjustly rewarded.
Fiscal implications
The state will receive additional revenue from the tax and from reimbursement for costs associated with prosecution and incarceration of violent felons.
Local fiscal implications
Additional revenue from reimbursement from criminals for the costs of incarceration and prosecution.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become a law, except that any rules and regulations necessary for the timely implementation of this act on its effective date are authorized and directed to be promulgated on or before such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.