S T A T E O F N E W Y O R K
________________________________________________________________________
4146
2013-2014 Regular Sessions
I N A S S E M B L Y
February 1, 2013
___________
Introduced by M. of A. PRETLOW, ABBATE -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to eligibility to receive
awards from the crime victims board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 631 of the executive law, as
2 amended by section 22 of part A-1 of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 1. No award shall be made unless the office finds that (a) a crime was
5 committed, (b) such crime directly resulted in personal physical injury
6 to or the exacerbation of a preexisting disability, or condition, or
7 death of, the victim, and (c) criminal justice agency records show that
8 such crime was promptly reported to the proper authorities; and in no
9 case may an award be made where the criminal justice agency records show
10 that such report was made more than one week after the occurrence of
11 such crime unless the office, for good cause shown, finds the delay to
12 have been justified[; provided, however]. NOTWITHSTANDING THE FOREGOING
13 PROVISIONS OF THIS SUBDIVISION, in cases involving an alleged sex
14 offense as contained in article one hundred thirty of the penal law or
15 incest as defined in section 255.25, 255.26 or 255.27 of the penal law
16 or labor trafficking as defined in section 135.35 of the penal law or
17 sex trafficking as defined in section 230.34 of the penal law or an
18 offense chargeable as a family offense as described in section eight
19 hundred twelve of the family court act or section 530.11 of the criminal
20 procedure law, the criminal justice agency report need only be made
21 within a reasonable time considering all the circumstances, including
22 the victim's physical, emotional and mental condition and family situ-
23 ation. For the purposes of this subdivision, "criminal justice agency"
24 shall include, but not be limited to, a police department, a district
25 attorney's office, and any other governmental agency having responsibil-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07780-01-3
A. 4146 2
1 ity for the enforcement of the criminal laws of the state provided,
2 however, that in cases involving such sex offense OR FAMILY OFFENSE a
3 criminal justice agency shall also mean a family court, a governmental
4 agency responsible for child and/or adult protective services pursuant
5 to title six of article six of the social services law and/or title one
6 of article nine-B of the social services law, and any medical facility
7 established under the laws of the state that provides a forensic phys-
8 ical examination for victims of rape and sexual assault.
9 S 2. This act shall take effect on the thirtieth day after it shall
10 have become a law.