Bill Text: NY S00214 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: Moderate Partisan Bill (Democrat 31-4)

Status: (Passed) 2023-12-08 - APPROVAL MEMO.43 [S00214 Detail]

Download: New_York-2023-S00214-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           214

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sens.  MYRIE,  BAILEY,  BRISPORT, BROUK, CLEARE, COONEY,
          GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN,  JACKSON,  KAVANAGH,  KENNEDY,
          LIU,  PARKER,  RAMOS,  RIVERA, SALAZAR, SEPULVEDA, STAVISKY, THOMAS --
          read twice and ordered printed, and when printed to  be  committed  to
          the Committee on Crime Victims, Crime and Correction

        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
    16  such claim is based, [one year]  three  years  after  a  court  finds  a
    17  lawsuit  to be frivolous, or not later than [one year] three years after
    18  the death of the victim, provided, however, that upon good cause  shown,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01992-01-3
        S. 214                              2

     1  the  office  may extend the time for filing. The office shall extend the
     2  time for filing where  the  claimant  received  no  notice  pursuant  to
     3  section  six  hundred twenty-five-a of this article and had no knowledge
     4  of eligibility pursuant to section six hundred twenty-four of this arti-
     5  cle.
     6    §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
     7  law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
     8  2010, is amended to read as follows:
     9    (c) the investigation and determination of claims regardless of wheth-
    10  er the alleged criminal has been arrested, charged, apprehended or pros-
    11  ecuted  for  or  convicted of any crime based upon the same incident, or
    12  has been acquitted, or found not guilty of the crime in  question  owing
    13  to criminal irresponsibility or other legal exemption;
    14    §  4. Subdivision 1 of section 631 of the executive law, as separately
    15  amended by chapters 189 and 295 of the laws of 2018, is amended to  read
    16  as follows:
    17    1.  No  award  shall be made unless the office finds that: (a) a crime
    18  was committed[,]; (b) such crime directly resulted in personal  physical
    19  injury to or the exacerbation of a preexisting disability, or condition,
    20  or  death of, the victim[,]; and (c) either: (i) criminal justice agency
    21  records show that such crime  was  [promptly]  reported  to  the  proper
    22  authorities[;  and  in  no  case may an award be made where the criminal
    23  justice agency records show that such report was made more than one week
    24  after the occurrence of such crime unless the  office,  for  good  cause
    25  shown, finds the delay to have been justified. Notwithstanding the fore-
    26  going  provisions of this subdivision, in cases involving an alleged sex
    27  offense as contained in article one hundred thirty of the penal  law  or
    28  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal law
    29  or labor trafficking as defined in section 135.35 of the  penal  law  or
    30  sex  trafficking as defined in sections 230.34 and 230.34-a of the penal
    31  law or an offense chargeable as a family offense as described in section
    32  eight hundred twelve of the family court act or section  530.11  of  the
    33  criminal  procedure law, the criminal justice agency report need only be
    34  made] within  a  reasonable  time  considering  all  the  circumstances,
    35  including  the  victim's  physical,  emotional  and mental condition and
    36  family situation[.]; or (ii) satisfactory evidence is provided  to  show
    37  that  such crime occurred. Such evidence may include, but is not limited
    38  to, one or more of the following:
    39    (A) a written statement provided by a victim services provider who has
    40  provided services to the victim of the crime, or other  eligible  claim-
    41  ants  as  identified in section six hundred twenty-four of this article,
    42  in response to the impact of the qualifying crime;
    43    (B) a statement provided by a witness to the qualifying crime;
    44    (C) a statement from the victim attesting  to  the  victim's  personal
    45  physical  injury  or  the  exacerbation  of a preexisting disability, or
    46  condition provided that the office shall not require the  disclosure  of
    47  confidential information relating to such physical injury;
    48    (D)  a  temporary  or  permanent restraining order or protective order
    49  issued by a court to protect or separate the victim, or  other  eligible
    50  claimants as identified in section six hundred twenty-four of this arti-
    51  cle, from the person who is responsible for the qualifying crime;
    52    (E)  a statement from a licensed medical provider, physician's assist-
    53  ant, nurse practitioner or other person licensed to provide  medical  or
    54  mental  health  care  documenting  that  the victim experienced physical
    55  injury or the exacerbation of a preexisting disability, or condition  as
    56  a result of the qualifying crime; or
        S. 214                              3

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