Bill Text: NY S04341 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes standards for crime victim awards for loss of earnings or support.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-17 - referred to governmental operations [S04341 Detail]

Download: New_York-2013-S04341-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4341
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 21, 2013
                                      ___________
       Introduced  by  Sen.  GALLIVAN  --  (at  request of the Office of Victim
         Services) -- 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 made by the
         office of victim services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  3  of  section  631 of the executive law, as
    2  amended by section 22 of part A-1 of chapter 56 of the laws of 2010,  is
    3  amended to read as follows:
    4    3.  (A)  Any  award made for loss of earnings or support shall, unless
    5  reduced pursuant to other provisions of this article, be  in  an  amount
    6  equal  to  the  actual  loss  sustained, provided, however, that no such
    7  award shall exceed six hundred dollars for each week of lost earnings or
    8  support.  IF THERE ARE TWO OR MORE PERSONS ENTITLED TO  AN  AWARD  AS  A
    9  RESULT  OF  THE DEATH OF A PERSON WHICH IS THE DIRECT RESULT OF A CRIME,
   10  THE AWARD SHALL BE APPORTIONED BY THE OFFICE AMONG THE CLAIMANTS.
   11    (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ANY AWARD
   12  FOR LOSS OF EARNINGS OR SUPPORT SHALL BE LIMITED TO THE VICTIM'S  INCOME
   13  WHICH HAS BEEN REPORTED TO AN APPROPRIATE TAXING AUTHORITY.
   14    (C)  IF  DURING AN INVESTIGATION OF A CLAIM THE OFFICE DETERMINES THAT
   15  SUCH INCOME IS NOT SUBJECT TO TAXATION, THE OFFICE SHALL REQUEST  ALTER-
   16  NATIVE INFORMATION TO VERIFY SUCH INCOME.
   17    (D)  Awards  with respect to livery operator victims pursuant to para-
   18  graphs (f) and (g) of subdivision one of section six hundred twenty-sev-
   19  en of this article shall be granted in the  amount  and  in  the  manner
   20  provided  therein.  The  aggregate award for all such losses pursuant to
   21  this subdivision, including any awards made pursuant to  paragraphs  (f)
   22  and  (g)  of subdivision one of section six hundred twenty-seven of this
   23  article, shall not exceed thirty thousand dollars. [If there are two  or
   24  more  persons  entitled to an award as a result of the death of a person
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09018-01-3
       S. 4341                             2
    1  which is the direct result of a crime, the award shall be apportioned by
    2  the office among the claimants.]
    3    S  2.  This  act shall take effect on the thirtieth day after it shall
    4  have become a law and shall apply to all original  awards  made  on  and
    5  after such date.