Bill Text: NY A08619 | 2021-2022 | 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 and providing alternative forms of evidence that would show that a qualifying crime was committed.

Spectrum: Partisan Bill (Democrat 46-0)

Status: (Engrossed - Dead) 2022-06-02 - REFERRED TO RULES [A08619 Detail]

Download: New_York-2021-A08619-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         8619--B

                   IN ASSEMBLY

                                    January 10, 2022
                                       ___________

        Introduced  by  M.  of  A.  MEEKS, KELLES, CRUZ, TAYLOR, GONZALEZ-ROJAS,
          CLARK, SIMON, GOTTFRIED, JACKSON, JEAN-PIERRE, QUART, GALLAGHER, HEVE-
          SI, ZINERMAN, DARLING, GIBBS, PAULIN, FALL, FERNANDEZ,  DE LOS SANTOS,
          GALEF,   BURGOS,   FORREST,  L. ROSENTHAL,  ABINANTI,  NIOU,  McMAHON,
          CUNNINGHAM,  WALKER,  STIRPE,  ANDERSON,  DICKENS,  CARROLL,   WEPRIN,
          BICHOTTE HERMELYN, AUBRY -- read once and referred to the Committee on
          Governmental  Operations  --  recommitted  to the Committee on Govern-
          mental Operations in accordance  with  Assembly  Rule  3,  sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, 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 and
          providing alternative forms of evidence that would show that a  quali-
          fying crime was committed

          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
    11    §  2. Subdivision 2 of section 625 of the executive law, as amended by
    12  section 10 of part A-1 of chapter 56 of the laws of 2010, is amended  to
    13  read as follows:
    14    2.  A  claim  must  be filed by the claimant not later than [one year]
    15  three years after the occurrence or discovery of the  crime  upon  which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13970-03-2
        A. 8619--B                          2

     1  such  claim  is  based,  [one  year]  three  years after a court finds a
     2  lawsuit to be frivolous, or not later than [one year] three years  after
     3  the  death of the victim, provided, however, that upon good cause shown,
     4  the  office  may extend the time for filing. The office shall extend the
     5  time for filing where  the  claimant  received  no  notice  pursuant  to
     6  section  six  hundred twenty-five-a of this article and had no knowledge
     7  of eligibility pursuant to section six hundred twenty-four of this arti-
     8  cle.
     9    § 3. Paragraph (c) of subdivision 1 of section 627  of  the  executive
    10  law,  as  added  by  section 18 of part A-1 of chapter 56 of the laws of
    11  2010, is amended to read as follows:
    12    (c) the investigation and determination of claims regardless of wheth-
    13  er the alleged criminal has been arrested, charged, apprehended or pros-
    14  ecuted for or convicted of any crime based upon the  same  incident,  or
    15  has  been  acquitted, or found not guilty of the crime in question owing
    16  to criminal irresponsibility or other legal exemption;
    17    § 4. Subdivision 1 of section 631 of the executive law, as  separately
    18  amended  by chapters 189 and 295 of the laws of 2018, is amended to read
    19  as follows:
    20    1. No award shall be made unless the office finds that:  (a)  a  crime
    21  was  committed[,]; (b) such crime directly resulted in personal physical
    22  injury to or the exacerbation of a preexisting disability, or condition,
    23  or death of, the victim[,]; and (c) either: (i) criminal justice  agency
    24  records  show  that  such  crime  was  [promptly] reported to the proper
    25  authorities[; and in no case may an award be  made  where  the  criminal
    26  justice agency records show that such report was made more than one week
    27  after  the  occurrence  of  such crime unless the office, for good cause
    28  shown, finds the delay to have been justified. Notwithstanding the fore-
    29  going provisions of this subdivision, in cases involving an alleged  sex
    30  offense  as  contained in article one hundred thirty of the penal law or
    31  incest as defined in section 255.25, 255.26 or 255.27 of the  penal  law
    32  or  labor  trafficking  as defined in section 135.35 of the penal law or
    33  sex trafficking as defined in sections 230.34 and 230.34-a of the  penal
    34  law or an offense chargeable as a family offense as described in section
    35  eight  hundred  twelve  of the family court act or section 530.11 of the
    36  criminal procedure law, the criminal justice agency report need only  be
    37  made]  within  a  reasonable  time  considering  all  the circumstances,
    38  including the victim's physical,  emotional  and  mental  condition  and
    39  family  situation[.];  or (ii) satisfactory evidence is provided to show
    40  that such crime occurred. Such evidence may include, but is not  limited
    41  to, one or more of the following:
    42    (A) a written statement provided by a victim services provider who has
    43  provided  services  to the victim of the crime, or other eligible claim-
    44  ants as identified in section six hundred twenty-four of  this  article,
    45  in response to the impact of the qualifying crime;
    46    (B) a statement provided by a witness to the qualifying crime;
    47    (C)  a  statement  from  the victim attesting to the victim's personal
    48  physical injury or the exacerbation  of  a  preexisting  disability,  or
    49  condition  provided  that the office shall not require the disclosure of
    50  confidential information relating to such physical injury;
    51    (D) a temporary or permanent restraining  order  or  protective  order
    52  issued  by  a court to protect or separate the victim, or other eligible
    53  claimants as identified in section six hundred twenty-four of this arti-
    54  cle, from the person who is responsible for the qualifying crime;
    55    (E) a statement from a licensed medical provider, physician's  assist-
    56  ant,  nurse  practitioner or other person licensed to provide medical or
        A. 8619--B                          3

     1  mental health care documenting  that  the  victim  experienced  physical
     2  injury  or the exacerbation of a preexisting disability, or condition as
     3  a result of the qualifying crime; or
     4    (F) a video, audio, or photographic recording of the commission of the
     5  qualifying crime.
     6    For  the purposes of this subdivision, "criminal justice agency" shall
     7  include, but not be limited to, a police department, a  district  attor-
     8  ney's  office,  and  any other governmental agency having responsibility
     9  for the enforcement of the criminal laws of the state provided, however,
    10  that in cases involving such sex offense or family  offense  a  criminal
    11  justice  agency  shall  also  mean a family court, a governmental agency
    12  responsible for child and/or adult protective services pursuant to title
    13  six of article six of the social services law and/or title one of  arti-
    14  cle  nine-B  of the social services law, and any medical facility estab-
    15  lished under the laws of the state that  provides  a  forensic  physical
    16  examination for victims of rape and sexual assault.
    17    § 5. This act shall take effect immediately.