to be reduced (or the entire tax eliminated, if necessary) to the extent necessary to comply with the foregoing requirement. A tax imposed by a county upon any transaction, to the extent that it would require a reduction in any tax rate imposed thereon by a city, shall not become effective in respect to any transaction taxed by such city (or in respect of other similar transactions outside of the city which, if OCcurring in such city, would be subject to such city tax) before the commencement of the city's next succeeding fiscal year and then only if the county shall have given notice to such city of its imposition of a tax on such transaction at least six months prior to the commencement of such fiscal year, provided however that the local legislative body of such city may waive the requirement of such notice and the postponement of the effective date of such tax. A city tax upon any transaction, to the extent that it would require a reduction in any tax rate imposed by a county thereon, shall not become effective in respect of any transaction taxed by such county before the commencement of the county's next succeeding fiscal year and then only if the city shall have given notice to such county of its imposition of a tax on such transaction at least six months prior to the commencement of such fiscal year, provided, however, that the local legislative body of such county may waive the requirement of such notice and postponement of the effective date of such tax. However, whether or not the six months' notice requirement provided in this section has been waived, a tax imposed pursuant to the authority of section twelve hundred ten or twelve hundred eleven shall still be subject to the requirements provided for in the first three sentences of subdivision (d) of such sections and in subdivision (e) of such sections.

§ 3. Subdivision (j) of section 1224 of the tax law, as relettered by chapter 769 of the laws of 1990, is relettered subdivision (k) and a new subdivision (j) is added to read as follows:

(j) The county of Tompkins shall have the sole right to impose the additional one-half or one percent rate of tax which such county is authorized to impose pursuant to the authority of section twelve hundred ten of this article, such additional rate of tax shall be in addition to any other tax which such county may impose or may be imposing pursuant to this article or any other law and such additional rate of tax shall not be subject to preemption. The maximum three percent rate referred to in this section shall be calculated without reference to the additional one-half or one percent rate of tax which the county of Tompkins is authorized and empowered to adopt pursuant to section twelve hundred ten of this article.

§ 4. Section 1262-a of the tax law, as amended by chapter 843 of the laws of 1973, is amended to read as follows:

§ 1262-a. Sales tax; Tompkins county [outside of the city of Ithaca]. (a) In the event that the county of Tompkins and the city of Ithaca both impose the same taxes described in [sections] section twelve hundred two, twelve hundred three or twelve hundred ten of this chapter, the county shall have power to impose or continue to impose such taxes on the area of the county outside such city up to the maximum rate authorized therefor. In such event, notwithstanding the provisions of the preceding section, the portion of the net collections received by the county by reason of its additional rate on such area, shall be allocated quarterly to the towns in such area in proportion to their respective populations, and allocated between the towns and villages, if any village elects to take its share in cash, in proportion to their respective populations, determined in accordance with the latest decennial federal census or special population census taken pursuant to section twenty of the general municipal law completed and published prior to the end of the quarter for which the allocation is made.

(b) Notwithstanding any other provision of law to the contrary, if the county of Tompkins imposes the additional one-half or one percent rate of tax pursuant to the provisions of section twelve hundred ten of this article, the net collections received by the county of Tompkins on account of such additional rate during the first six months such additional rate is in effect shall be retained by the county of Tompkins to be used for any county purpose. Thereafter, seventy-five per centum of net collections attributable to such additional rate shall be retained by the county of Tompkins, to be used for any county purpose, and the remaining twenty-five per centum of such net collections shall be allocated as follows:

(1) Where the city of Ithaca imposes a tax pursuant to the authority of subdivision (a) of section one thousand two hundred ten of this arti

cle, that portion received by the county on account of the additional tax imposed by the county within the city of Ithaca shall be allocated to the city of Ithaca to be used for any city purpose. Where the city of Ithaca does not impose a tax pursuant to the authority of such subdivision (a) of section one thousand two hundred ten the amount required to be allocated to such city, to be used for any city purpose, shall be determined in proportion to such city's population determined as a portion of the county's total population as determined in accordance with the latest decennial federal census or special population census taken pursuant to section twenty of the general municipal law completed and published prior to the end of the quarter for which the allocation is made.

(2) The balance of such twenty-five per centum, after deduction of the amount allocated to the city of Ithaca pursuant to paragraph one of this subdivision, shall be allocated to the towns of such county, and between towns and villages, if any village elects to take its share in cash, in the manner described in subdivision (a) of this section with respect to the area of the county outside the city of Ithaca. § 5. This act shall take effect immediately.

CHAPTER 618

AN ACT to amend the civil practice law and rules, the criminal procedure law, the executive law and the penal law, in relation to enlarging the opportunity for crime victims to be compensated by criminals and to repeal certain provisions of the executive law, relating thereto Became a law July 24, 1992, with the approval of the Governor. Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil practice law and rules is amended by adding a new section 213-b 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 convicted of a crime which is the subject subject of such action, for any injury or loss resulting therefrom within seven years of the date of the crime.

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§ 2. Subdivision 4 of section 6201 of the civil practice law and rules is renumbered subdivision 5 and a new subdivision 4 is added to read follows:

4. the action is brought by the victim or the representative of the victim of a crime, as defined in subdivision six of section six hundred twenty-one of the executive law, against the person or the legal representative or assignee of the person convicted of committing such crime and seeks to recover damages sustained as a result of such crime pursuant to section six hundred thirty-two-a of the executive law; or

§ 3. Paragraph (b) of subdivision 3 of section 390.30 of the criminal procedure law as amended by chapter 530 of the laws of 1991, is amended to read as follows:

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(b) The report shall also contain a victim impact statement, unless it appears that such information would be of no relevance to the dation or court disposition, which shall include an analysis of the victim's version of the offense, the extent of injury or economic loss [or damage] and the actual out-of-pocket loss to the victim and the views of the victim relating to disposition including the amount of restitution and reparation sought by the victim after the victim has EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

been informed of the right to seek restitution and reparation, subject to the availability of such information. In the case of a homicide or where the victim is unable to assist in the preparation of the victim impact statement, the information may be acquired from the victim's family. The victim impact statement shall be made available to the victim by the prosecutor pursuant to subdivision two of section 390.50 of this article. Nothing contained in this section shall be interpreted require that a victim supply information for the preparation of this report.

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4. Subdivision 4 of section 390.30 of the criminal procedure law, as amended by chapter 134 of the laws of 1985, is amended to read as follows:

4. Abbreviated investigation and short form report. In lieu of the procedure set forth in subdivisions one, two and three, where the conviction is of a misdemeanor the scope of the pre-sentence investigation may be abbreviated and a short form report may be made. The use of abbreviated investigations and short form reports, the matters to be covered therein and the form of the reports shall be in accordance with the general rules regulating methods and procedures in the administration of probation as adopted from time to time by the state director of probation and correctional alternatives pursuant to the provisions of article twelve of the executive law. No such rule, however, shall be construed SO as to relieve the agency conducting the investigation of the duty of investigating and reporting upon:

(a) the extent of the injury or economic loss and the actual out-ofpocket loss to the victim including the amount of restitution and reparation sought by the victim, after the victim has been informed of the right to seek restitution and reparation, or

(b) any matter relevant to the question of sentence that the court directs to be included in particular cases.

§ 5. Paragraph (a) of subdivision 3 of section 410.90 of the criminal procedure law, as added by chapter 782 of the laws of 1982, is amended to read as follows:

(a) The court shall grant a request for termination of a sentence of probation under this section when, having regard to the conduct and condition of the probationer, the court is of the opinion that:

(i) the probationer is no longer in need of such guidance, training or other assistance which would otherwise be administered through probation supervision;

(ii) the probationer has diligently complied with the terms and conditions of the sentence of probation; and

(iii) the termination of the sentence of probation is not adverse to the protection of the public.

No such termination shall be granted unless the court is satisfied that the probationer, who is otherwise financially able to comply with an order of restitution or reparation, has made a good faith effort to comply therewith.

§ 6. Paragraph (e) of subdivision 1 of section 420. 10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, is amended to read as follows:

(e) Where cash bail has been posted by the defendant as the principal and is not forfeited or assigned, the court at its discretion may order that bail [to] be applied toward payment of [the fine,] any order of restitution or reparation or fine. If the court SO orders, the bail proceeds shall be applied to payment first of the restitution or reparation and then of the fine.

§ 7. The second unnumbered paragraph of subdivision 5 of section 420. 10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, is amended to read as follows:

In any case where the defendant applies for resentencing with respect to any condition of the sentence relating to restitution or reparation the court must order that notice of such application and a reasonable opportunity to be heard be given to the person or persons given notice pursuant to subdivision one of this section. If the court grants the defendant's application by changing the original order for restitution reparation in any manner, the court must place the reasons therefor on the record.

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§ 8. Subdivision 6 of section 420. 10 of the criminal procedure law, as separately amended by chapters 233 and 506 of the laws of 1985, is amended to read as follows:

6. Civil proceeding for collection. (a) A fine, restitution or reparation imposed or directed by the court shall be imposed or directed by a

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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. Even [though] 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, defined in paragraph (b) of subdivision four of section 60.27 of the penal law, to whom restitution or reparation was ordered to be paid, the estate of such person or the district attorney. The entered order shall be deemed to constitute a judgment-roll as defined in section 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.

(b) The district attorney may, in his or her discretion, and must, upon order of the court, institute proceedings to collect such fine, restitution or reparation.

§ 9. Subdivision 2 of section 420.30 of the criminal procedure law, as amended by chapter 290 of the laws of 1980, is amended to read as follows:

2. Procedure. (a) Any superior court which has imposed a fine, restitution or reparation for any offense may, in its discretion, on five days notice to the district attorney of the county in which such fine, restitution or reparation was imposed and to each person otherwise required to be given notice of restitution or reparation pursuant to subdivision one of section 420. 10, remit such fine, restitution or reparation or any portion thereof. In case of a fine, restitution or reparation imposed by a local criminal court for any offense, a superior court holding a term in the county in which the fine, restitution or reparation was imposed may, upon like notice, remit such fine, restitution or reparation or any portion thereof.

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(b) The court shall give each person given notice a reasonable opportunity to be heard on the question of remitting an order of or reparation. If the court remits such restitution or reparation, or any part thereof, the reasons therefor shall be placed upon the record. This paragraph shall not apply to remittances of a mandatory surcharge imposed pursuant to subdivision one of section 60.35 of the penal law. § 10. Section 632-a of the executive law is repealed and a new section 632-a is added to read as follows:

§ 632-a. Crime victims. 1. Definitions:

(a) "Crime" means any felony defined in the penal law or any other chapter of the consolidated laws of the state.

(b) "Profits from the 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, the crime, as well as any property obtained by or income generated from the sale, conversion or exchange of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law

such property and any gain realized by such sale, conversion or exchange.

(c) "Crime victim" means (i) the victim of the offense; (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 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.

2. (a) Every person, firm, corporation, partnership, association or other legal entity which knowingly contracts for, pays, or agrees to pay, any profit from a crime, as defined in subdivision one of this section, to a person charged with or convicted of that crime 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 is a profit from a crime.

3.

(b) The board, upon receipt of notice of a contract, an agreement to pay or payment of profits of the crime shall notify all known victims of the crime of the existence of such profits at their last known address. 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 he or she is a victim, or the legal representative of that convicted person, within three years of the discovery of any profits of the crime, as defined in paragraph (b) of subdivision one of this section. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. 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 profits from the crime or 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 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 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 mencement of an action.

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5. Upon receipt of a copy of a summons and complaint, the board shall immediately take such actions as are necessary to:

(a) notify all other known victims of the crime of the alleged existence of profits of a crime 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 of a crime. For crimes committed in a county located within a city having population of one million or more, the notice provided for in this section shall be in newspapers having general circulation in such city. The board may, in its discretion, provide for such additional notice as it deems necessary.

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(c) avoid the wasting of the assets identified in the complaint as the newly discovered profits of the crime, 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 prac tice 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.