Provides that in any action commenced under the state's anti-trust law, the court may direct that all or any part of a criminal fine or civil penalty imposed upon a violator may, in the court's discretion, be ordered to be deposited with the office of victim services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4054
SPONSOR: Englebright 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 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 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 crim-
inal fine or civil penalty paid by an adjudicated violator of the Anti-
trust 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.
DIFFERENCE BETWEEN ORIGINAL AND MENDED VERSION (IF APPLICABLE):
JUSTIFICATION:
Antitrust crime by its very nature is economic crime against the pecuni-
ary 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 abroad 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:
2011 A2942-A - referred to investigations and government operations
2012 A9028 - referred to consumer protection
2013-14A5386- referred to investigations and government operations
2015-16A2661- referred to consumer protection
2017-18A3555- referred to consumer protection
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill would generate revenues in an undetermined amount by providing
a new source of funding for the Office of Victim Services.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law and shall apply to any judgment entered or fine or penalty
imposed on or after such date.
STATE OF NEW YORK
________________________________________________________________________
4054
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the general business law and the executive law, in
relation to the disposition of certain fines
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 347-a to read as follows:
3 § 347-a. Fines payable to the office of victim services. Following
4 sentencing for a crime pursuant to section three hundred forty-one of
5 this article or upon a judgment pursuant to section three hundred
6 forty-two-a of this article, the court in its discretion may determine
7 that any fine or penalty or any portion thereof shall be paid to the
8 office of victim services to be expended for any purpose of article
9 twenty-two of the executive law as provided by subdivision nineteen of
10 section six hundred twenty-three of such law.
11 § 2. Subdivision 19 of section 623 of the executive law, as amended by
12 section 8 of part A-1 of chapter 56 of the laws of 2010, is amended to
13 read as follows:
14 19. To accept, with the approval of the governor, as agent of the
15 state, any grant including federal grants, any fines or penalties
16 imposed pursuant to section three hundred forty-one or three hundred
17 forty-two-a of the general business law and made payable to the office
18 pursuant to section three hundred forty-seven-a of such law, or any gift
19 for the purposes of this article. Any monies so received may be expended
20 by the office to effectuate any purpose of this article, subject to the
21 applicable provisions of the state finance law.
22 § 3. This act shall take effect on the sixtieth day after it shall
23 have become a law and shall apply to any judgment entered or fine or
24 penalty imposed on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03426-01-9
