N.Y. EXC. LAW § 632-a : NY Code - Section 632-A: Crime victims

1. For the purposes of this section:
    (a)  "Crime" means (i) any felony defined in the laws of the state; or
  (ii) an offense in any jurisdiction which includes all of the  essential
  elements  of  any  felony defined in the laws of this state and: (A) the
  crime victim, as defined in subparagraph (i) of paragraph  (d)  of  this
  subdivision,  was a resident of this state at the time of the commission
  of the offense; or (B) the act or acts constituting the offense occurred
  in whole or in part in this state.
    (b) "Profits from a crime" means (i) any property obtained through  or
  income  generated  from the commission of a crime of which the defendant
  was convicted; (ii) any property obtained by or  income  generated  from
  the  sale,  conversion or exchange of proceeds of a crime, including any
  gain realized by such  sale,  conversion  or  exchange;  and  (iii)  any
  property which the defendant obtained or income generated as a result of
  having  committed  the  crime, including any assets obtained through the
  use of unique  knowledge  obtained  during  the  commission  of,  or  in
  preparation  for  the  commission  of,  a crime, as well as any property
  obtained by or income generated from the sale, conversion or exchange of
  such property  and  any  gain  realized  by  such  sale,  conversion  or
  exchange.
    (c)  "Funds  of  a  convicted  person"  means  all  funds and property
  received from any source by a person convicted of a specified crime,  or
  by  the  representative  of such person as defined in subdivision six of
  section six hundred twenty-one of this article excluding  child  support
  and earned income, where such person:
    (i)   is   an  inmate  serving  a  sentence  with  the  department  of
  correctional services or a prisoner confined  at  a  local  correctional
  facility  or  federal  correctional institute, and includes funds that a
  superintendent, sheriff or municipal official receives on behalf  of  an
  inmate  or  prisoner  and deposits in an inmate account to the credit of
  the inmate pursuant to section one hundred sixteen of the correction law
  or deposits in a prisoner account to the credit of the prisoner pursuant
  to section five hundred-c of the correction law; or
    (ii) is not an inmate or prisoner but who is  serving  a  sentence  of
  probation  or  conditional  discharge  or  is  presently  subject  to an
  undischarged indeterminate, determinate or definite term of imprisonment
  or period of post-release supervision or term of supervised release, but
  shall include earned income earned during a period in which such  person
  was  not  in  compliance  with  the  conditions of his or her probation,
  parole, conditional release, period of post-release supervision  by  the
  division  of parole or term of supervised release with the United States
  probation office or United States parole  commission.  For  purposes  of
  this  subparagraph,  such period of non-compliance shall be measured, as
  applicable, from the earliest date  of  delinquency  determined  by  the
  board  or  division  of  parole,  or  from  the earliest date on which a
  declaration of delinquency is filed pursuant to section  410.30  of  the
  criminal  procedure  law  and thereafter sustained, or from the earliest
  date of delinquency determined in  accordance  with  applicable  federal
  law,   rules   or   regulations,   and  shall  continue  until  a  final
  determination sustaining the violation has been made by the trial court,
  board or division of parole, or appropriate federal authority; or
    (iii) is no longer subject to a sentence of probation  or  conditional
  discharge or indeterminate, determinate or definite term of imprisonment
  or period of post-release supervision or term of supervised release, and
  where  within  the  previous  three  years:  the full or maximum term or
  period terminated or expired or such person was granted a discharge by a
  board of parole pursuant to applicable law, or granted  a  discharge  or
  termination  from  probation  pursuant  to  applicable  law or granted a

  discharge or termination under applicable federal or state law, rules or
  regulations prior to the expiration of such  full  or  maximum  term  or
  period;  and  includes  only:  (A)  those funds paid to such person as a
  result  of  any  interest,  right, right of action, asset, share, claim,
  recovery or benefit of any  kind  that  the  person  obtained,  or  that
  accrued  in  favor  of  such  person,  prior  to  the expiration of such
  sentence, term or period; (B) any  recovery  or  award  collected  in  a
  lawsuit  after  expiration  of such sentence where the right or cause of
  action accrued prior to the expiration or service of such sentence;  and
  (C) earned income earned during a period in which such person was not in
  compliance  with  the  conditions  of  his  or  her  probation,  parole,
  conditional release, period of post-release supervision by the  division
  of parole or term of supervised release with the United States probation
  office  or  United  States  parole  commission.  For  purposes  of  this
  subparagraph, such  period  of  non-compliance  shall  be  measured,  as
  applicable,  from  the  earliest  date  of delinquency determined by the
  board or division of parole, or  from  the  earliest  date  on  which  a
  declaration  of  delinquency  is filed pursuant to section 410.30 of the
  criminal procedure law and thereafter sustained, or  from  the  earliest
  date  of  delinquency  determined  in accordance with applicable federal
  law,  rules  or  regulations,  and  shall   continue   until   a   final
  determination sustaining the violation has been made by the trial court,
  board or division of parole, or appropriate federal authority.
    (d)  "Crime  victim"  means  (i)  the  victim  of  a  crime;  (ii) the
  representative of a crime  victim  as  defined  in  subdivision  six  of
  section  six  hundred twenty-one of this article; (iii) a good samaritan
  as defined in subdivision seven of section  six  hundred  twenty-one  of
  this  article; (iv) the crime victims board or other governmental agency
  that has received an application for or provided financial assistance or
  compensation to the victim.
    (e) (i) "Specified crime" means:
    (A) a violent felony offense as defined in subdivision one of  section
  70.02 of the penal law;
    (B) a class B felony offense defined in the penal law;
    (C)  an  offense  for which a merit time allowance may not be received
  against the sentence pursuant to paragraph (d)  of  subdivision  one  of
  section eight hundred three of the correction law;
    (D)  an offense defined in the penal law that is titled in such law as
  a felony in the first degree;
    (E) grand larceny in the fourth degree as defined in  subdivision  six
  of  section  155.30  or grand larceny in the second degree as defined in
  section 155.40 of the penal law;
    (F) criminal possession of stolen property in  the  second  degree  as
  defined in section 165.52 of the penal law; or
    (G) an offense in any jurisdiction which includes all of the essential
  elements  of  any  of the crimes specified in clauses (A) through (F) of
  this subparagraph and either the crime victim as defined in subparagraph
  (i) of paragraph (d) of this subdivision was a resident of this state at
  the  time  of  the  commission  of  the  offense  or  the  act  or  acts
  constituting the crime occurred in whole or in part in this state.
    (ii)  Notwithstanding  the  provisions  of  subparagraph  (i)  of this
  paragraph a "specified crime" shall  not  mean  or  include  an  offense
  defined  in any of the following articles of the penal law: articles one
  hundred fifty-eight, one hundred seventy-eight, two hundred twenty,  two
  hundred twenty-one, two hundred twenty-five, and two hundred thirty.
    (f)  "Earned  income"  means  income  derived  from one's own labor or
  through active participation in a business as distinguished from  income
  from, for example, dividends or investments.

    2.  (a)  Every  person, firm, corporation, partnership, association or
  other legal entity, or representative of such person, firm, corporation,
  partnership, association or entity, which knowingly contracts for, pays,
  or agrees to pay: (i) any profits from a crime as defined  in  paragraph
  (b)  of  subdivision  one  of  this section, to a person charged with or
  convicted of that crime, or to the  representative  of  such  person  as
  defined  in  subdivision  six  of section six hundred twenty-one of this
  article; or (ii)  any  funds  of  a  convicted  person,  as  defined  in
  paragraph  (c) of subdivision one of this section, where such conviction
  is for a specified crime and the  value,  combined  value  or  aggregate
  value  of  the  payment or payments of such funds exceeds or will exceed
  ten thousand dollars, shall give written notice  to  the  crime  victims
  board  of  the payment or obligation to pay as soon as practicable after
  discovering that the payment or  intended  payment  constitutes  profits
  from a crime or funds of a convicted person.
    (b)  Notwithstanding  subparagraph  (ii)  of  paragraph  (a)  of  this
  subdivision, whenever the payment or obligation to pay involves funds of
  a convicted person that a superintendent, sheriff or municipal  official
  receives  or will receive on behalf on an inmate serving a sentence with
  the department of correctional services or prisoner confined at a  local
  correctional  facility and deposits or will deposit in an inmate account
  to the credit of the inmate or in a prisoner account to  the  credit  of
  the  prisoner,  and the value, combined value or aggregate value of such
  funds exceeds or will exceed ten thousand dollars,  the  superintendent,
  sheriff  or  municipal  official  shall  also give written notice to the
  crime victims board.
    Further, whenever the state or subdivision of the state makes  payment
  or  has  an obligation to pay funds of a convicted person, as defined in
  subparagraph (ii) or (iii) of paragraph (c) of subdivision one  of  this
  section,  and the value, combined value or aggregate value of such funds
  exceeds or will exceed ten thousand dollars, the state or subdivision of
  the state shall also give written notice to the crime victims board.
    In all other instances where the payment or obligation to pay involves
  funds of a convicted person, as defined in subparagraph (ii) or (iii) of
  paragraph (c) of  subdivision  one  of  this  section,  and  the  value,
  combined  value  or aggregate value of such funds exceeds or will exceed
  ten thousand dollars, the convicted person who receives or will  receive
  such  funds,  or  the  representative  of  such  person  as  defined  in
  subdivision six of section six hundred twenty-one of this article, shall
  give written notice to the crime victims board.
    (c) The board, upon receipt of notice of a contract, an  agreement  to
  pay  or  payment  of profits from a crime or funds of a convicted person
  pursuant to paragraph (a) or (b) of this subdivision, or upon receipt of
  notice of funds of a convicted person from the  superintendent,  sheriff
  or  municipal  official  of the facility where the inmate or prisoner is
  confined pursuant to section one hundred sixteen or  five  hundred-c  of
  the  correction  law,  shall  notify  all  known  crime  victims  of the
  existence of such profits or funds at their last known address.
    3. Notwithstanding any inconsistent provision of the  estates,  powers
  and  trusts  law or the civil practice law and rules with respect to the
  timely bringing of an action, any crime victim shall have the  right  to
  bring  a  civil  action  in a court of competent jurisdiction to recover
  money damages from a person convicted of a  crime  of  which  the  crime
  victim  is  a  victim,  or  the representative of that convicted person,
  within three years of the discovery of any profits from a crime or funds
  of a convicted person, as those  terms  are  defined  in  this  section.
  Notwithstanding  any  other provision of law to the contrary, a judgment
  obtained pursuant to this section shall not be subject to  execution  or

  enforcement  against  the  first  one  thousand  dollars deposited in an
  inmate account to the credit of  the  inmate  pursuant  to  section  one
  hundred  sixteen  of  the correction law or in a prisoner account to the
  credit  of  the  prisoner  pursuant  to  section  five  hundred-c of the
  correction law. In addition, where the civil action involves funds of  a
  convicted  person  and such funds were recovered by the convicted person
  pursuant to a judgment obtained in a civil action, a  judgment  obtained
  pursuant  to this section may not be subject to execution or enforcement
  against a portion thereof in accordance with subdivision (k) of  section
  fifty-two hundred five of the civil practice law and rules. If an action
  is  filed pursuant to this subdivision after the expiration of all other
  applicable statutes of limitation, any other crime victims must file any
  action for damages as a result of the crime within three  years  of  the
  actual  discovery  of  such  profits  or funds, or within three years of
  actual notice received from or notice published  by  the  crime  victims
  board of such discovery, whichever is later.
    4.  Upon  filing  an  action  pursuant  to  subdivision  three of this
  section, the crime victim shall give notice to the crime  victims  board
  of  the  filing by delivering a copy of the summons and complaint to the
  board.  The crime victim may also give such notice to the board prior to
  filing the action so as to allow the board to apply for any  appropriate
  provisional  remedies which are otherwise authorized to be invoked prior
  to the commencement of an action.
    5. Upon receipt of a copy of a summons and complaint, or upon  receipt
  of  notice  from the crime victim prior to filing the action as provided
  in subdivision four of this section, the board  shall  immediately  take
  such actions as are necessary to:
    (a)  notify  all other known crime victims of the alleged existence of
  profits from a crime or funds of a convicted person by  certified  mail,
  return  receipt  requested,  where  the victims' names and addresses are
  known by the board;
    (b) publish, at least once every six months for three years  from  the
  date  it is initially notified by a victim, pursuant to subdivision four
  of this section, a legal notice in newspapers of general circulation  in
  the county wherein the crime was committed and in counties contiguous to
  such  county advising any crime victims of the existence of profits from
  a crime or funds of a convicted person. For crimes committed in a county
  located within a city having a population of one million  or  more,  the
  notice  shall  be  published in newspapers having general circulation in
  such city. The board may, in its discretion, provide for such additional
  notice as it deems necessary;
    (c) avoid the wasting of the assets identified in the complaint as the
  newly discovered profits from a crime or as funds of a convicted person,
  in any manner consistent with subdivision six of this section.
    6. The board, acting on behalf of the plaintiff and all other victims,
  shall have the right to apply for any and all provisional remedies  that
  are also otherwise available to the plaintiff.
    (a)  The  provisional remedies of attachment, injunction, receivership
  and notice of pendency  available  to  the  plaintiff  under  the  civil
  practice  law  and  rules,  shall  also be available to the board in all
  actions under this section.
    (b) On a motion for a provisional remedy, the moving party shall state
  whether any other provisional remedy has previously been sought  in  the
  same action against the same defendant. The court may require the moving
  party  to  elect  between  those remedies to which it would otherwise be
  entitled.
    7. (a) (i) Whenever it appears that a person or entity  has  knowingly
  and willfully failed to give notice in violation of paragraph (a) or (b)

  of  subdivision two of this section, other than the state, a subdivision
  of the state, or a person who is a superintendent, sheriff or  municipal
  official required to give notice pursuant to this section or section one
  hundred  sixteen  or  section  five hundred-c of the correction law, the
  board shall be authorized to serve a notice of hearing upon  the  person
  or  entity  by  personal service or by registered or certified mail. The
  notice shall contain the time, place and  purpose  of  the  hearing.  In
  addition,  the  notice shall be accompanied by a petition alleging facts
  of an evidentiary character that support or tend  to  support  that  the
  person  or entity, who shall be named therein as a respondent, knowingly
  and willfully failed to give notice in violation of paragraph (a) or (b)
  of subdivision two of this section. Service of the notice  and  petition
  shall take place at least fifteen days prior to the date of the hearing.
    (ii)  The  chairperson of the board, or any board member designated by
  the chairperson, shall preside over the hearing.  The  presiding  member
  shall  administer  oaths  and  may issue subpoenas. The presiding member
  shall not be bound by the rules of evidence or civil procedure, but  his
  or  her determination shall be based on a preponderance of the evidence.
  At the hearing, the burden of proof shall be on the board,  which  shall
  be  represented by the counsel to the board or another person designated
  by the board. The board shall produce witnesses and present evidence  in
  support  of  the  alleged  violation, which may include relevant hearsay
  evidence. The respondent, who may  appear  personally  at  the  hearing,
  shall  have  the  right  of  counsel and may cross-examine witnesses and
  produce evidence and witnesses in his or her behalf, which  may  include
  relevant  hearsay evidence. The issue of whether the person who received
  an alleged payment or obligation to pay committed the  underlying  crime
  shall not be re-litigated at the hearing. Where the alleged violation is
  the  failure  to  give  notice of a payment amount involving two or more
  payments the combined value or aggregate  value  of  which  exceeds  ten
  thousand  dollars,  no  violation shall be found unless it is shown that
  such payments were intentionally structured to conceal  their  character
  as funds of a convicted person, as defined in this section.
    (iii) At the conclusion of the hearing, if the presiding member is not
  satisfied  that  there  is  a  preponderance of evidence in support of a
  violation, the member shall  dismiss  the  petition.  If  the  presiding
  member  is  satisfied that there is a preponderance of the evidence that
  the respondent committed one or more violations,  the  member  shall  so
  find.  Upon such a finding, the presiding member shall prepare a written
  statement, to be made  available  to  the  respondent  and  respondent's
  counsel,  indicating  the evidence relied on and the reasons for finding
  the violation.
    (iv)  The  board   shall   adopt,   promulgate,   amend   and   repeal
  administrative  rules  and  regulations  governing  the procedures to be
  followed with respect to hearings, including rules and  regulations  for
  the administrative appeal of a decision made pursuant to this paragraph,
  provided  such  rules and regulations are consistent with the provisions
  of this subdivision.
    (b)(i) Whenever  it  is  found  pursuant  to  paragraph  (a)  of  this
  subdivision  that  a  respondent  knowingly and willfully failed to give
  notice in violation of paragraph (a) or (b) of subdivision two  of  this
  section, the board shall impose an assessment of up to the amount of the
  payment  or  obligation to pay and a civil penalty of up to one thousand
  dollars or ten percent of the payment or obligation to pay, whichever is
  greater. If a respondent fails to pay the assessment and  civil  penalty
  imposed pursuant to this paragraph, the assessment and civil penalty may
  be  recovered  from  the respondent by an action brought by the attorney
  general, upon the request of  the  board,  in  any  court  of  competent

  jurisdiction.  The  board  shall  deposit  the  assessment  in an escrow
  account pending the expiration of the three year statute of  limitations
  authorized  by  subdivision three of this section to preserve such funds
  to  satisfy  a  civil judgment in favor of a person who is a victim of a
  crime committed by the convicted person to whom  such  failure  to  give
  notice  relates.  The  board  shall  pay  the civil penalty to the state
  comptroller who shall deposit the money in the state  treasury  pursuant
  to section one hundred twenty-one of the state finance law to the credit
  of  the  criminal  justice  improvement  account  established by section
  ninety-seven-bb of the state finance law.
    (ii) The board shall then notify any crime victim  or  crime  victims,
  who  may  have a claim against the convicted person, of the existence of
  such moneys. Such notice shall instruct such person or persons that they
  may have a right to  commence  a  civil  action  against  the  convicted
  person, as well as any other information deemed necessary by the board.
    (iii)  Upon  a  crime  victim's  presentation  to the board of a civil
  judgment for damages incurred as a result of the crime, the board  shall
  satisfy  up to one hundred percent of that judgment, including costs and
  disbursements as taxed by the clerk of the court, with the escrowed fund
  obtained pursuant to this paragraph, but in no event shall the amount of
  all judgments, costs and  disbursements  satisfied  from  such  escrowed
  funds  exceed  the  amount in escrow. If more than one such crime victim
  indicates to the board that they intend to commence or have commenced  a
  civil  action  against  the  convicted  person,  the  board  shall delay
  satisfying any judgment, costs and disbursements until the claims of all
  such crime victims are reduced to judgment.  If  the  aggregate  of  all
  judgments,  costs  and  disbursement  obtained  exceeds  the  amount  of
  escrowed funds, the amount used to partially satisfy each judgment shall
  be reduced to a pro rata share.
    (iv) After expiration of the three year statute of limitations  period
  established in subdivision three of this section, the board shall review
  all  judgments that have been satisfied from such escrowed funds. In the
  event no claim was filed or judgment obtained prior to the expiration of
  the three year statute  of  limitations,  the  board  shall  return  the
  escrowed  amount  to  the respondent. In the event a claim or claims are
  pending at the expiration of the  statute  of  limitations,  such  funds
  shall  remain  escrowed until the final determination of all such claims
  to allow the board to satisfy any judgment which may be obtained by  the
  crime  victim.  Upon  the final determination of all such claims and the
  satisfaction of up to one hundred percent of such claims by  the  board,
  the  board  shall be authorized to impose an additional civil penalty of
  up to one thousand dollars or ten percent of the payment  or  obligation
  to  pay,  whichever  is greater. Prior to imposing any such penalty, the
  board shall serve a notice upon the respondent by personal service or by
  registered or certified mail of the intent of the board to  impose  such
  penalty  thirty days after the date of the notice and of the opportunity
  to submit documentation  concerning  the  board's  determination.  After
  imposing  and  deducting  any  such  additional civil penalty, the board
  shall distribute such remaining escrowed  funds,  if  any,  as  follows:
  fifty  percent  to the state comptroller, who shall deposit the money in
  the state treasury pursuant section one hundred twenty-one of the  state
  finance  law  to  the credit of the criminal justice improvement account
  established by section ninety-seven-bb of the  state  finance  law;  and
  fifty percent to the respondent.
    (v)  Notwithstanding  any  provision  of  law, an alleged failure by a
  convicted person to give notice under this section  may  not  result  in
  proceedings  for  an  alleged  violation of the conditions of probation,
  parole, conditional release,  post  release  supervision  or  supervised

  release  unless:  one or more claims were made by a crime victim against
  the convicted person pursuant to this section,  and  the  crime  victims
  board  imposes  an  assessment  and/or penalty upon the convicted person
  pursuant  to  this  section,  and  the convicted person fails to pay the
  total amount of the assessment and/or penalty within sixty days  of  the
  imposition of such assessment and/or penalty.
    (vi) Records maintained by the board and proceedings by the board or a
  board  member based thereon regarding a claim submitted by a victim or a
  claimant shall be deemed confidential, subject to  the  exceptions  that
  appear  in  subdivision  one of section six hundred thirty-three of this
  article.