Bill Text: NY S04084 | 2011-2012 | General Assembly | Introduced

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

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-06-16 - SUBSTITUTED BY A8091 [S04084 Detail]

Download: New_York-2011-S04084-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4084
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 16, 2011
                                      ___________
       Introduced  by Sen. NOZZOLIO -- 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 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
       S. 4084                             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.