What's happening
This bill extends the time limit for crime victims to commence civil actions or collect restitution orders from seven to twenty years.
Why it matters
Expanding the time window from seven to twenty years allows crime victims more opportunity to seek civil damages or enforce restitution orders, which is especially significant for those who were unable or unwilling to act soon after the crime due to trauma, fear, or other barriers.
The change addresses the reality that financial losses and emotional harm from crime may persist long after initial events, and collecting restitution or damages can be a long, complex process—giving victims greater flexibility to pursue justice.
By extending the statute of limitations, the bill potentially strengthens deterrence; offenders may face financial consequences for a much longer period, which could impact decisions about evading or ignoring court-ordered restitution.
Institutions such as district attorneys’ offices, estate representatives of victims, and county clerks may see increased workloads and responsibilities as more victims become eligible to file or collect long-standing orders, potentially requiring updated administrative processes.
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Who cares
Headline styles
Extend Crime Restitution Deadline
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 32
1 Co-sponsor
History
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.286
- Referred to codes
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
Show 3 earlier actions
- Ordered to third reading cal.1359
- Committee discharged and committed to rules
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6152
2019-2020 Regular Sessions
IN SENATE
May 20, 2019
Introduced by Sens. SEPULVEDA, ADDABBO -- (at request of the Office of Victim Services) -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to commencing an action based upon a restitution order, or profits from a crime or funds of a convicted person pursuant to article twenty-two of the executive law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 6 of section 420.10 of the criminal procedure law, as amended by chapter 618 of the laws of 1992, is amended to read as follows:
(a) A fine, restitution or reparation imposed or directed by the court shall be imposed or directed by a written order of the court containing the amount thereof required to be paid by the defendant. The court's order also shall direct the district attorney to file a certified copy of such order with the county clerk of the county in which the court is situate except where the court which issues such order is the supreme court in which case the order itself shall be filed by the clerk of the court acting in his or her capacity as the county clerk of the county in which the court is situate. Such order shall be entered by the county clerk in the same manner as a judgment in a civil action in accordance with subdivision (a) of rule five thousand sixteen of the civil practice law and rules. Notwithstanding any other provision of law, an action upon such order may be commenced within twenty years of the date such order was imposed by the court. Even if the defendant was imprisoned for failure to pay such fine, restitution or reparation, or has served the period of imprisonment imposed, such order after entry thereof pursuant to this subdivision may be collected in the same manner as a judgment in a civil action by the victim, as defined in paragraph (b) of subdivision four of section 60.27 of the penal law, to whom restitution or repara-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09233-01-9
S. 6152 2
tion was ordered to be paid, the estate of such person or the district attorney. The entered order shall be deemed to constitute a judgmentroll as defined in [section] rule five thousand seventeen of the civil practice law and rules and immediately after entry of the order, the county clerk shall docket the entered order as a money judgment pursuant to section five thousand eighteen of such law and rules. Wherever appropriate, the district attorney shall file a transcript of the docket of the judgment with the clerk of any other county of the state. Such a restitution or reparation order, when docketed shall be a first lien upon all real property in which the defendant thereafter acquires an interest, having preference over all other liens, security interests, and encumbrances whatsoever, except:
(i) a lien or interest running to the benefit of the government of the United States or the state of New York, or any political subdivision or public benefit corporation thereof; or
(ii) a purchase money interest in any property.
§ 2. Section 213-b of the civil practice law and rules, as amended by chapter 62 of the laws of 2001, is amended to read as follows:
§ 213-b. Action by a victim of a criminal offense. Notwithstanding any other limitation set forth in this article or in article five of the estates, powers and trusts law, an action by a crime victim, or the representative of a crime victim, as defined in subdivision six of section six hundred twenty-one of the executive law, may be commenced to recover damages from a defendant[: (1)] convicted of a crime which is the subject of such action, for any injury or loss resulting therefrom within [seven] twenty years of the date of the crime [or (2) convicted of a specified crime as defined in paragraph (e) of subdivision one of section six hundred thirty-two-a of the executive law which is the subject of such action for any injury or loss resulting therefrom within ten years of the date the defendant was convicted of such specified crime].
§ 3. The opening paragraph of section 5014 of the civil practice law and rules, as amended by chapter 115 of the laws of 1965, is amended to read as follows:
Except as permitted by section 15-102 of the general obligations law and paragraph (a) of subdivision six of section 420.10 of the criminal procedure law, an action upon a money judgment entered in a court of the state may only be maintained between the original parties to the judgment where:
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law and the civil practice law and rules, in relation to commencing an action based upon a restitution order, or profits from a crime or funds of a convicted person pursuant to article twenty-two of the executive law
Purpose of the bill
The purpose of this measure is to specify in the Criminal Procedure Law and the Civil Practice Law and Rules that any action brought upon a restitution order may be commenced within 20 years. It also amends the Civil Practice Law and Rules to provide for the same 20-year period for actions brought under New York State's "Son of Sam" law.
Summary of provisions
Section one would amend paragraph (a) of subdivision 6 of section 420.10 of the Criminal Procedure Law to specify that an action upon a restitu- tion order may be commenced within 20 years of the date it was imposed by the court.
Section two would amend section 213-b of the Civil Practice Law and Rules to state that any action brought by a victim or a victim's repre- sentative may be commenced within 20 years of the date of the crime.
Section three would amend section 5014 of the Civil Practice Law and Rules to eliminate a restitution order, entered as a judgement, from having to be renewed for an additional 10 years after the initial 10 years.
Section four is the effective date.
Justification
Under current law, when properly filed in the same manner as a civil judgement, a restitution order is good for an initial 10 years, then, if the beneficiary of such order is unable to collect during that initial 10 years, they must make application to extend the period for another 10 years. The Office sees this as both an unnecessary and undue burden upon crime victims and believes a simple, 20-year period is in the best interest of crime victims.
Under current law, there are also shorter and varied periods to commence an action if a victim or their representative wishes to commence an action pursuant to the state's Son of Sam law. This measure eliminates these disparities and creates the same 20 years period to commence an action as in the provisions above.
Prior legislative history
This is a new bill.
Fiscal implications
This measure would have no fiscal impact.
Effective date
This act would take effect on the one-hundred eightieth day after it becomes law and would apply to all claims filed on or after such effec- tive date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.