Bill Text: NY A02105 | 2023-2024 | General Assembly | Amended
Bill Title: Expands eligibility for victims and survivors of crime to access victim compensation funds by removing the mandatory law enforcement reporting requirement, providing alternative forms of evidence that would show that a qualifying crime was committed and the confidentiality of certain records.
Spectrum: Partisan Bill (Democrat 72-0)
Status: (Introduced) 2023-05-17 - substituted by s214a [A02105 Detail]
Download: New_York-2023-A02105-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2105--A 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. MEEKS, KELLES, CRUZ, TAYLOR, GONZALEZ-ROJAS, CLARK, SIMON, JACKSON, JEAN-PIERRE, GALLAGHER, HEVESI, ZINERMAN, DARLING, GIBBS, PAULIN, FALL, DE LOS SANTOS, BURGOS, L. ROSENTHAL, McMAHON, CUNNINGHAM, WALKER, STIRPE, ANDERSON, DICKENS, CARROLL, WEPRIN, BICHOTTE HERMELYN, AUBRY, REYES, LUCAS, RIVERA, PRETLOW, OTIS, PEOPLES-STOKES, KIM, BENEDETTO, ARDILA, BORES, LAVINE, O'DONNELL, EPSTEIN, RAGA, SIMONE, GLICK, STECK, SEAWRIGHT, FORREST, SHRESTHA, SHIMSKY, BURDICK, ZEBROWSKI, THIELE, SEPTIMO, ZACCARO, EACHUS -- Multi-Sponsored by -- M. of A. HYNDMAN -- read once and referred to the Committee on Governmental Operations -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to expanding eligibility for victims and survivors of crime to access victim compensation funds by removing the mandatory law enforcement reporting requirement, providing alternative forms of evidence that would show that a quali- fying crime was committed and the confidentiality of certain records The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu- 2 tive law, as amended by chapter 710 of the laws of 1996, is amended to 3 read as follows: 4 (a) an act committed in New York state which would, if committed by a 5 mentally competent criminally responsible adult, who has no legal 6 exemption or defense, constitute a crime as defined in and proscribed by 7 law, regardless of whether any suspect was arrested, charged, appre- 8 hended or prosecuted for the commission of the act or whether the claim- 9 ant has interacted with a criminal justice agency investigating such 10 act; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01992-03-3A. 2105--A 2 1 § 2. Subdivision 2 of section 625 of the executive law, as amended by 2 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended to 3 read as follows: 4 2. A claim must be filed by the claimant not later than [one year] 5 three years after the occurrence or discovery of the crime upon which 6 such claim is based, [one year] three years after a court finds a 7 lawsuit to be frivolous, or not later than [one year] three 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 § 3. Paragraph (c) of subdivision 1 of section 627 of the executive 15 law, as added by section 18 of part A-1 of chapter 56 of the laws of 16 2010, is amended to read as follows: 17 (c) the investigation and determination of claims regardless of wheth- 18 er the alleged criminal has been arrested, charged, apprehended or pros- 19 ecuted for or convicted of any crime based upon the same incident, or 20 has been acquitted, or found not guilty of the crime in question owing 21 to criminal irresponsibility or other legal exemption; 22 § 4. Subdivision 1 of section 631 of the executive law, as separately 23 amended by chapters 189 and 295 of the laws of 2018, is amended to read 24 as follows: 25 1. No award shall be made unless the office finds that: (a) a crime 26 [was committed,] has occurred as indicated by the applicant's record or 27 supporting documentation; (b) such crime directly resulted in personal 28 physical injury to or the exacerbation of a preexisting disability, or 29 condition, or death of, the victim[,]; and (c) either: (i) criminal 30 justice agency records show that such crime was [promptly] reported to 31 the proper authorities[; and in no case may an award be made where the32criminal justice agency records show that such report was made more than33one week after the occurrence of such crime unless the office, for good34cause shown, finds the delay to have been justified. Notwithstanding the35foregoing provisions of this subdivision, in cases involving an alleged36sex offense as contained in article one hundred thirty of the penal law37or incest as defined in section 255.25, 255.26 or 255.27 of the penal38law or labor trafficking as defined in section 135.35 of the penal law39or sex trafficking as defined in sections 230.34 and 230.34-a of the40penal law or an offense chargeable as a family offense as described in41section eight hundred twelve of the family court act or section 530.1142of the criminal procedure law, the criminal justice agency report need43only be made] within a reasonable time considering all the circum- 44 stances, including the victim's physical, emotional and mental condition 45 and family situation[.]; or (ii) evidence is provided to show that such 46 crime occurred. Such evidence shall include, but is not limited to, one 47 or more of the following: 48 (A) a written statement provided by a city or state-contracted victim 49 services provider who has provided services to the victim of the crime, 50 or other eligible claimants as identified in section six hundred twen- 51 ty-four of this article, in response to the impact of the qualifying 52 crime; or 53 (B) a temporary or permanent restraining order or protective order 54 issued by a court to protect or separate the victim, or other eligible 55 claimants as identified in section six hundred twenty-four of this arti- 56 cle, from the person who is responsible for the qualifying crime.A. 2105--A 3 1 For the purposes of this subdivision, "criminal justice agency" shall 2 include, but not be limited to, a police department, a district attor- 3 ney's office, and any other governmental agency having responsibility 4 for the enforcement of the criminal laws of the state provided, however, 5 that in cases involving such sex offense or family offense a criminal 6 justice agency shall also mean a family court, a governmental agency 7 responsible for child and/or adult protective services pursuant to title 8 six of article six of the social services law and/or title one of arti- 9 cle nine-B of the social services law, and any medical facility estab- 10 lished under the laws of the state that provides a forensic physical 11 examination for victims of rape and sexual assault. 12 § 5. Subdivision 4 of section 625 of the executive law, as amended by 13 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended to 14 read as follows: 15 4. Upon the filing of a claim pursuant to this article, the office 16 shall promptly notify the district attorney of the county wherein the 17 crime is alleged to have occurred. Except in cases where the alleged 18 crime was not reported to a criminal justice agency, as indicated in 19 subdivision one of section six hundred thirty-one of this article. If, 20 within ten days after such notification, such district attorney advises 21 the office that a criminal prosecution is pending upon the same alleged 22 crime and requests that action by the office be deferred, the office 23 shall defer all proceedings under this article until such time as such 24 criminal prosecution has been concluded and shall so notify such 25 district attorney and the claimant. When such criminal prosecution has 26 been concluded, such district attorney shall promptly so notify the 27 office. Nothing in this section shall limit the authority of the office 28 to grant emergency awards pursuant to section six hundred thirty of this 29 article. 30 § 6. Subdivision 1 of section 633 of the executive law, as amended by 31 section 25 of part A-1 of chapter 56 of the laws of 2010, is amended to 32 read as follows: 33 1. Records maintained by the office and proceedings by the office 34 based thereon regarding a claim submitted by a victim or a claimant 35 shall be deemed confidential and shall not be shared with any government 36 or private entity, with the following exceptions: 37 (a) requests for information based [upon] on legitimate criminal 38 justice purposes as determined by the agency, provided that, in such 39 case, the office shall furnish only that portion of the information that 40 is legally required; 41 (b) judicial subpoenas; 42 (c) requests for information by the victim or claimant or his or her 43 authorized representative; or 44 (d) for purposes necessary and proper for the administration of this 45 article. 46 § 7. This act shall take effect one year after it shall have become a 47 law.