Bill Text: NY A08619 | 2021-2022 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A IN ASSEMBLY January 10, 2022 ___________ Introduced by M. of A. MEEKS -- 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 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 seven years after the occurrence or discovery of the crime upon which 16 such claim is based, [one year] seven years after a court finds a 17 lawsuit to be frivolous, or not later than [one year] seven years after 18 the death of the victim, provided, however, that upon good cause shown, 19 the office may extend the time for filing. The office shall extend the 20 time for filing where the claimant received no notice pursuant to 21 section six hundred twenty-five-a of this article and had no knowledge EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13970-02-2A. 8619--A 2 1 of eligibility pursuant to section six hundred twenty-four of this arti- 2 cle. 3 § 3. Paragraph (c) of subdivision 1 of section 627 of the executive 4 law, as added by section 18 of part A-1 of chapter 56 of the laws of 5 2010, is amended to read as follows: 6 (c) the investigation and determination of claims regardless of wheth- 7 er the alleged criminal has been arrested, charged, apprehended or pros- 8 ecuted for or convicted of any crime based upon the same incident, or 9 has been acquitted, or found not guilty of the crime in question owing 10 to criminal irresponsibility or other legal exemption; 11 § 4. Subdivision 1 of section 631 of the executive law, as separately 12 amended by chapters 189 and 295 of the laws of 2018, is amended to read 13 as follows: 14 1. No award shall be made unless the office finds that: (a) a crime 15 was committed[,]; (b) such crime directly resulted in personal physical 16 injury to or the exacerbation of a preexisting disability, or condition, 17 or death of, the victim[,]; and (c) either: (i) criminal justice agency 18 records show that such crime was [promptly] reported to the proper 19 authorities[; and in no case may an award be made where the criminal20justice agency records show that such report was made more than one week21after the occurrence of such crime unless the office, for good cause22shown, finds the delay to have been justified. Notwithstanding the fore-23going provisions of this subdivision, in cases involving an alleged sex24offense as contained in article one hundred thirty of the penal law or25incest as defined in section 255.25, 255.26 or 255.27 of the penal law26or labor trafficking as defined in section 135.35 of the penal law or27sex trafficking as defined in sections 230.34 and 230.34-a of the penal28law or an offense chargeable as a family offense as described in section29eight hundred twelve of the family court act or section 530.11 of the30criminal procedure law, the criminal justice agency report need only be31made] within a reasonable time considering all the circumstances, 32 including the victim's physical, emotional and mental condition and 33 family situation[.]; or (ii) evidence is provided to show that a quali- 34 fying crime has occurred. This evidence may include, but is not limited 35 to, the following: 36 (A) a written statement provided by a victim services provider who has 37 provided services to the victim of the crime, or other eligible claim- 38 ants as identified in section six hundred twenty-four of this article, 39 in response to the impact of the qualifying crime; 40 (B) a statement provided by a witness to the qualifying crime; 41 (C) a statement from the victim attesting to the victim's personal 42 physical injury or the exacerbation of a preexisting disability, or 43 condition provided that the office shall not require the disclosure of 44 confidential information relating to such physical injury; 45 (D) a temporary or permanent restraining order or protective order 46 issued by a court to protect or separate the victim, or other eligible 47 claimants as identified in section six hundred twenty-four of this arti- 48 cle, from the person who is responsible for the qualifying crime; 49 (E) a statement from a licensed medical provider, physician's assist- 50 ant, nurse practitioner or other person licensed to provide medical or 51 mental health care documenting that the victim experienced physical 52 injury or the exacerbation of a preexisting disability, or condition as 53 a result of the qualifying crime; or 54 (F) a video, audio, or photographic recording of the commission of the 55 qualifying crime.A. 8619--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. This act shall take effect immediately.
