Bill Text: NY S03813 | 2011-2012 | General Assembly | Introduced
Bill Title: Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-03-13 - PRINT NUMBER 3813A [S03813 Detail]
Download: New_York-2011-S03813-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3813
2011-2012 Regular Sessions
I N S E N A T E
March 4, 2011
___________
Introduced by Sen. HASSELL-THOMPSON -- 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 the definition of
necessary court appearances for purposes of determining crime victim's
award
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 8, 10 and 12 of section 631 of the executive
2 law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi-
3 vision 10 as added by chapter 197 of the laws of 1983, and subdivision
4 12 as amended by chapter 377 of the laws of 2005, are amended to read as
5 follows:
6 8. Notwithstanding the provisions of subdivisions one, two and three
7 of this section, an elderly or disabled victim who has not been phys-
8 ically injured as a direct result of a crime, shall only be eligible for
9 an award that includes the unreimbursed cost of repair or replacement of
10 essential personal property that has been lost, damaged or destroyed as
11 a direct result of a crime, transportation expenses incurred for neces-
12 sary court appearances in connection with the prosecution of such crimes
13 and the unreimbursed cost of counselling provided to the elderly or
14 disabled victim on account of mental or emotional stress or financial
15 counselling provided to the elderly or disabled victim on account of
16 financial difficulty resulting from the incident in which the crime
17 occurred if such counselling or financial counselling is commenced with-
18 in one year from the date of the incident. FOR PURPOSES OF THIS SUBDI-
19 VISION, "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED
20 TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST
21 TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES
22 OF FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50
23 OF THE CRIMINAL PROCEDURE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08803-01-1
S. 3813 2
1 10. Notwithstanding any contrary provision of law, an award shall
2 include reasonable transportation expenses incurred for necessary court
3 appearances in connection with the prosecution of such crimes upon which
4 the claim is based. FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT
5 APPEARANCES" SHALL INCLUDE BUT NOT BE LIMITED TO ANY PART OF A PROCEED-
6 ING FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS,
7 GRAND JURY AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS
8 ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
9 LAW.
10 12. Notwithstanding the provisions of subdivisions one, two and three
11 of this section, an individual who was a victim of either the crime of
12 menacing in the second degree as defined in subdivision two or three of
13 section 120.14 of the penal law, menacing in the first degree as defined
14 in section 120.13 of the penal law, harassment in the second degree as
15 defined in subdivision two or three of section 240.26 of the penal law,
16 harassment in the first degree as defined in section 240.25 of the penal
17 law, aggravated harassment in the second degree as defined in subdivi-
18 sion four of section 240.30 of the penal law, aggravated harassment in
19 the first degree as defined in subdivision two of section 240.31 of the
20 penal law, criminal contempt in the first degree as defined in paragraph
21 (ii) or (iv) of subdivision (b) or subdivision (c) of section 215.51 of
22 the penal law, or stalking in the fourth, third, second or first degree
23 as defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal
24 law, respectively, who has not been physically injured as a direct
25 result of such crime shall only be eligible for an award that includes
26 loss of earning or support, the unreimbursed cost of repair or replace-
27 ment of essential personal property that has been lost, damaged or
28 destroyed as a direct result of such crime, the unreimbursed cost for
29 security devices to enhance the personal protection of such victim,
30 transportation expenses incurred for necessary court [expenses] APPEAR-
31 ANCES in connection with the prosecution of such crime, the unreimbursed
32 costs of counseling provided to such victim on account of mental or
33 emotional stress resulting from the incident in which the crime
34 occurred, reasonable relocation expenses, and for occupational or job
35 training. FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT APPEAR-
36 ANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY PART OF TRIAL FROM
37 ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS, GRAND JURY
38 HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS
39 ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
40 LAW.
41 S 2. This act shall take effect immediately.
