Requires that an entity which pays funds which are profits from a crime, as defined by statute, to a family member, including a former spouse, of a person charged with or convicted of a crime, give notice of such payment of funds to the office of victim services.
Summary
Bill S05470 amends the executive law to require that any entity which contracts for or pays profits from a crime to a person charged with or convicted of that crime, or to their family members, must provide written notice to the office of victim services. This includes payments made to family members, former spouses, or representatives of the convicted individual, particularly when the total payment exceeds ten thousand dollars. The intent of the bill is to ensure that victims or their representatives are informed about any financial gains derived from crimes committed against them.
Impact
The bill impacts state laws by reinforcing the requirement for transparency regarding profits from crimes. It mandates that entities involved in such financial transactions notify the office of victim services, which could lead to increased accountability and oversight of how crime-related profits are handled. This change aims to protect the interests of crime victims and ensure that they are aware of any financial benefits that may arise from the crimes committed against them.
Sentiment
The general sentiment around the bill appears to be supportive, as it seeks to enhance the rights of crime victims and ensure they are informed about profits from crimes. However, there may be concerns regarding the administrative burden this places on entities required to provide notice, as well as the implications for the privacy of those involved in such transactions.
Contention
Notable points of contention may arise from the potential impact on the financial dealings of individuals and entities that may inadvertently be caught under this law. Some stakeholders may argue that the requirement to notify the office of victim services could deter legitimate financial transactions or complicate the legal landscape for those involved in contracts with convicted individuals. The balance between victim rights and the rights of the convicted individuals and their families is likely to be a key area of debate.
Same As
Requires that an entity which pays funds which are profits from a crime, as defined by statute, to a family member, including a former spouse, of a person charged with or convicted of a crime, give notice of such payment of funds to the office of victim services.
Requires that an entity which pays funds which are profits from a crime, as defined by statute, to a family member, including a former spouse, of a person charged with or convicted of a crime, give notice of such payment of funds to the office of victim services.
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 services to immediately take such actions as are necessary to avoid the wasting of the assets until the expiration of all applicable statutes of limitation for a crime victim to bring a civil action to recover money or damages from such assets.
Commissioner authority clarification to impose sanctions against individuals or entities that receive payments from medical assistance or provide goods or services for which payment is made from medical assistance
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 hate crimes against police officers; defines such crimes as committing murder in the first degree, aggravated murder, or murder in the second degree against a police officer and the victim is chosen because they are a police officer.
Commissioner's authority to impose sanctions against individuals or entities that receive payments from medical assistance or provide goods or services for which payment is made from medical assistance clarified, and medical assistance sanctions and monetary recovery provision recodified.