Relates to preventing the wasting of assets subject to a potential civil action by a crime victim
Impact
The enactment of A10107 would have significant implications for victims of crime in New York State. By ensuring that assets potentially available for restitution to crime victims are preserved, the bill bolsters the legal rights of these individuals. The proactive measures established by this bill are intended to ensure that crime victims can recover owed damages without the fear that such assets will be depleted or rendered unavailable during the civil proceedings.
Summary
Bill A10107 seeks to require the Office of Victim Services to take immediate measures to prevent the wasting of assets from convicted individuals who may owe damages to their crime victims. Specifically, the bill amends existing provisions in the executive law related to the notification process for crime victims about profits or funds linked to convicted persons. When such assets come to light, the office is mandated to act promptly to safeguard them until the statutes of limitation for civil actions have expired.
Contention
While the bill addresses an important issue regarding victims' rights, there might be points of contention surrounding its implementation. Opponents may argue that the additional responsibilities imposed on the Office of Victim Services could strain resources, particularly if the notification and preservation processes become cumbersome. Additionally, there may be concerns regarding the balance between the rights of victims and those of individuals convicted of crimes, as the bill presupposes a need for asset protection without detailing the potential consequences for individuals affected.
Establishes the division of the crime victims' statewide advocate to represent crime victims' and witnesses' legal interests during discovery and trial and assist with victim compensation applications.
Increases the mandatory surcharge and the crime victim's assistance fee which is levied upon any person convicted of a crime or violation in this state; creates a crime victim's lien which allows such recovery against a convicted offender in the amount of the unpaid portion of the mandatory surcharge or the crime victim's assistance fee; creates a crime victim's assistance account.
Requires the office of victim assistance to notify crime victims of the availability of victim support services by providing such victims with a written notice of the availability of statewide programs.
Establishes the crimes of benefiting from a labor trafficking venture, benefiting from a sex trafficking venture and aggravated benefiting from a sex trafficking venture; establishes civil action for victims of benefiting from a trafficking venture; revives such actions otherwise barred by the existing statute of limitations, grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.
Relates to offenses involving theft of identity; creates five tiers of crimes, based on the financial loss to the victim(s) and the number of people victimized.
Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.
Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.