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History
- Referred to consumer protection
- Referred to consumer protection
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.
Permits antitrust fines or penalties to be paid to the office of victim services in the court's discretion
In Senate Committee · Consumer Protection · Sponsor Steven Englebright
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law and the executive law, in relation to the disposition of certain fines
Purpose or general idea of the bill
This bill would grant a court discretion to designate that part or all of any fine or penalty paid by an adjudicated violator of the State's Antitrust Law be paid to the Office of Victim Services.
Summary of specific provisions
This bill would add a new subsection 347-a to the Donnelly Act, the State's Antitrust Law (General Business Law, SS 240-347) to provide a sentencing court with discretion to direct that part or all of any criminal fine or civil penalty paid by an adjudicated violator of the Antitrust Law deposited with the Office of Victim Services to be expanded pursuant to Executive Law, Article 22, Executive Law S 623 (19) is amended to facilitate this expenditure.
Justification
Antitrust crime by its very nature is economic crime against the pecuniary interest of broad segments of the populace. In these cases it is appropriate for courts to be given discretion to direct that part or all of the monies paid as criminal fines or civil penalties be paid to the Office of Victim Services, an agency with a broad public purpose. In 1982, Justice O'Donoghue of the Supreme Court, Kings County expressed the desire to direct that fines be paid by four convicted defendants in the milk price fixing case be paid to the Victims Services Agency of Queens County. He sought the Attorney General's opinion and was advised that the court had no such discretion under current law. This bill would grant the court such discretion.
Prior legislative history
2012: A.9028 - Passed Assembly 2011: A,2942-A - Passed Assembly 2009-10: A.1046 - Passed Assembly 2007-08: A.,931 - Passed Assembly 2005-06: A.257 - Passed Assembly
Fiscal implications
This bill would generate revenues in an undetermined amount by providing a new source of funding for the Office of Victim Services,
Effective date
Sixtieth day following enactment: applicable to any judgment entered or fine or penalty levied on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.