N.Y. Criminal Procedure Law § 95.00: Pre-criminal proceeding settlement

* § 95.00 Pre-criminal proceeding settlement.

When a county district attorney of a county located in a city of one

million or more recovers monies before the filing of an accusatory

instrument as defined in subdivision one of section 1.20 of this

chapter, after injured parties have been appropriately compensated, the

district attorney's office shall retain a percentage of the remaining

such monies in recognition that such monies were recovered as a result

of investigations undertaken by such office. For each recovery the total

amount of such monies to be retained by the county district attorney's

office shall equal ten percent of the first twenty-five million dollars

received by such office, plus seven and one-half percent of such monies

received by such office in excess of twenty-five million dollars but

less than fifty million dollars, plus five percent of any such monies

received by such office in excess of fifty million dollars but less than

one hundred million dollars, plus one percent of such monies received by

such office in excess of one hundred million dollars. The remainder of

such monies shall be paid by the district attorney's office to the state

and to the county in equal amounts within thirty days of receipt, where

disposition of such monies is not otherwise prescribed by law. Monies

distributed to a county district attorney's office pursuant to this

section shall be used to enhance law enforcement efforts within the

state of New York. On December first of each year, every district

attorney shall provide the governor, temporary president of the senate

and speaker of the assembly with an annual report detailing the total

amount of monies received as described herein by his or her office, a

description of how and where such funds, and an itemization of funds

received in the previous ten years, were distributed by his or her

office but shall not include a description of the distribution of monies

where the disclosure of such information would interfere with a law

enforcement investigation or a judicial proceeding, and the current

total balance of monies held on deposit for state sanctioned deferred

prosecution agreements. The report shall include a detailed description

of any entity to which funds are distributed, including but not limited

to, whether it is a profit or not-for-profit entity, where it is

located, and the intended use of the monies distributed, and shall state

the law enforcement purpose.

* NB Repealed March 31, 2027