Bill Text: NY A02056 | 2011-2012 | General Assembly | Introduced

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Bill Title: Increases time for filing crime victim's claim.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental operations [A02056 Detail]

Download: New_York-2011-A02056-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2056
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  read once and referred to the
         Committee on Governmental Operations
       AN ACT to amend the executive law, in relation to  increasing  the  time
         period  for  filing  a  claim  with the office of victim services; and
         providing for the repeal of such provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  2  of  section  625 of the executive law, as
    2  amended by section 10 of part A-1 of chapter 56 of the laws of 2010,  is
    3  amended to read as follows:
    4    2.  A  claim  must  be filed by the claimant not later than [one year]
    5  TWENTY YEARS after the occurrence or discovery of the crime  upon  which
    6  such  claim  is  based,  [one  year]  TWENTY YEARS after a court finds a
    7  lawsuit to be frivolous, or not later than [one year] TWENTY YEARS after
    8  the death of the victim, provided, however, that upon good cause  shown,
    9  the  office  may extend the time for filing. The office shall extend the
   10  time for filing where  the  claimant  received  no  notice  pursuant  to
   11  section  six  hundred twenty-five-a of this article and had no knowledge
   12  of eligibility pursuant to section six hundred twenty-four of this arti-
   13  cle.
   14    S 2. This act shall take effect on the sixtieth  day  after  it  shall
   15  have become a law and shall expire and be deemed repealed one year after
   16  such effective date; provided that services may continue and benefits be
   17  paid in the event the claimant elects to participate beyond such date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05080-01-1