Bill Text: NY A08091 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to awards for victims of criminal obstruction of breathing or blood circulation.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-09-23 - signed chap.534 [A08091 Detail]

Download: New_York-2011-A08091-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8091
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 1, 2011
                                      ___________
       Introduced  by  M.  of A. MARKEY, TITONE -- (at request of the Office of
         Victim Services) -- read once and referred to the Committee on Govern-
         mental Operations
       AN ACT to amend the executive law, in relation to awards for victims  of
         criminal obstruction of breathing or blood circulation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 12 of section 631  of  the  executive  law,  as
    2  amended  by  chapter  377  of  the  laws  of 2005, is amended to read as
    3  follows:
    4    12. Notwithstanding the provisions of subdivisions one, two and  three
    5  of  this  section, an individual who was a victim of either the crime of
    6  menacing in the second degree as defined in subdivision two or three  of
    7  section 120.14 of the penal law, menacing in the first degree as defined
    8  in section 120.13 of the penal law, CRIMINAL OBSTRUCTION OF BREATHING OR
    9  BLOOD CIRCULATION AS DEFINED IN SECTION 121.11 OF THE PENAL LAW, harass-
   10  ment  in  the  second  degree  as defined in subdivision two or three of
   11  section 240.26 of the penal law,  harassment  in  the  first  degree  as
   12  defined in section 240.25 of the penal law, aggravated harassment in the
   13  second  degree  as  defined in subdivision four of section 240.30 of the
   14  penal law, aggravated harassment in  the  first  degree  as  defined  in
   15  subdivision two of section 240.31 of the penal law, criminal contempt in
   16  the first degree as defined in paragraph (ii) or (iv) of subdivision (b)
   17  or  subdivision  (c)  of section 215.51 of the penal law, or stalking in
   18  the fourth, third, second or first degree as defined in sections 120.45,
   19  120.50, 120.55 and 120.60 of the penal law, respectively,  who  has  not
   20  been  physically  injured as a direct result of such crime shall only be
   21  eligible for an award that includes loss  of  earning  or  support,  the
   22  unreimbursed cost of repair or replacement of essential personal proper-
   23  ty  that  has been lost, damaged or destroyed as a direct result of such
   24  crime, the  unreimbursed  cost  for  security  devices  to  enhance  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09676-01-1
       A. 8091                             2
    1  personal protection of such victim, transportation expenses incurred for
    2  necessary  court  expenses  in  connection  with the prosecution of such
    3  crime, the unreimbursed costs of counseling provided to such  victim  on
    4  account  of  mental  or  emotional stress resulting from the incident in
    5  which the crime occurred, reasonable relocation expenses, and for  occu-
    6  pational or job training.
    7    S  2.  This  act shall take effect on the ninetieth day after it shall
    8  have become a law,  and  shall  apply  to  all  pending  and  subsequent
    9  original awards made by the office.