Bill Text: NY A01097 | 2015-2016 | General Assembly | Amended
Bill Title: Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and grand jury hearings.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Vetoed) 2016-11-28 - tabled [A01097 Detail]
Download: New_York-2015-A01097-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1097--A Cal. No. 48 2015-2016 Regular Sessions IN ASSEMBLY January 8, 2015 ___________ Introduced by M. of A. ORTIZ -- Multi-Sponsored by -- M. of A. ENGLE- BRIGHT, HOOPER, MOSLEY -- read once and referred to the Committee on Governmental Operations -- ordered to a third reading -- passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the executive law, in relation to the definition of necessary court appearances for purposes of determining crime victim's award The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 8, 10 and 12 of section 631 of the executive 2 law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi- 3 vision 10 as added by chapter 197 of the laws of 1983, and subdivision 4 12 as amended by chapter 188 of the laws of 2014, are amended to read as 5 follows: 6 8. Notwithstanding the provisions of subdivisions one, two and three 7 of this section, an elderly or disabled victim who has not been phys- 8 ically injured as a direct result of a crime, shall only be eligible for 9 an award that includes the unreimbursed cost of repair or replacement of 10 essential personal property that has been lost, damaged or destroyed as 11 a direct result of a crime, transportation expenses incurred for neces- 12 sary court appearances in connection with the prosecution of such crimes 13 and the unreimbursed cost of counselling provided to the elderly or 14 disabled victim on account of mental or emotional stress or financial 15 counselling provided to the elderly or disabled victim on account of 16 financial difficulty resulting from the incident in which the crime 17 occurred if such counselling or financial counselling is commenced with- 18 in one year from the date of the incident. For purposes of this subdi- 19 vision, "necessary court appearances" shall include, but not be limited EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04389-03-6A. 1097--A 2 1 to, any part of trial from arraignment through sentencing, pre and post 2 trial hearings and grand jury hearings. 3 10. Notwithstanding any contrary provision of law, an award shall 4 include reasonable transportation expenses incurred for necessary court 5 appearances in connection with the prosecution of such crimes upon which 6 the claim is based. For purposes of this subdivision, "necessary court 7 appearances" shall include but not be limited to any part of a proceed- 8 ing from arraignment through sentencing, pre and post trial hearings and 9 grand jury hearings. 10 12. Notwithstanding the provisions of subdivisions one, two and three 11 of this section, an individual who was a victim of either the crime of 12 menacing in the second degree as defined in subdivision two or three of 13 section 120.14 of the penal law, menacing in the first degree as defined 14 in section 120.13 of the penal law, criminal obstruction of breathing or 15 blood circulation as defined in section 121.11 of the penal law, harass- 16 ment in the second degree as defined in subdivision two or three of 17 section 240.26 of the penal law, harassment in the first degree as 18 defined in section 240.25 of the penal law, aggravated harassment in the 19 second degree as defined in subdivision five of section 240.30 of the 20 penal law, aggravated harassment in the first degree as defined in 21 subdivision two of section 240.31 of the penal law, criminal contempt in 22 the first degree as defined in paragraph (ii) or (iv) of subdivision (b) 23 or subdivision (c) of section 215.51 of the penal law, or stalking in 24 the fourth, third, second or first degree as defined in sections 120.45, 25 120.50, 120.55 and 120.60 of the penal law, respectively, who has not 26 been physically injured as a direct result of such crime shall only be 27 eligible for an award that includes loss of earning or support, the 28 unreimbursed cost of repair or replacement of essential personal proper- 29 ty that has been lost, damaged or destroyed as a direct result of such 30 crime, the unreimbursed cost for security devices to enhance the 31 personal protection of such victim, transportation expenses incurred for 32 necessary court [expenses] appearances in connection with the prose- 33 cution of such crime, the unreimbursed costs of counseling provided to 34 such victim on account of mental or emotional stress resulting from the 35 incident in which the crime occurred, reasonable relocation expenses, 36 and for occupational or job training. For purposes of this subdivision, 37 "necessary court appearances" shall include, but not be limited to, any 38 part of trial from arraignment through sentencing, pre and post trial 39 hearings and grand jury hearings. 40 § 2. This act shall take effect immediately.
