Bill Text: NY S08603 | 2021-2022 | General Assembly | Amended
Bill Title: Increases the amount for awards made to crime victims; specifies certain items of personal property which are necessary and essential to the welfare of a claimant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-05-18 - referred to governmental operations [S08603 Detail]
Download: New_York-2021-S08603-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8603--A IN SENATE March 21, 2022 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to awards made to crime victims The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8 of section 621 of the executive law, as added 2 by chapter 197 of the laws of 1983, is amended to read as follows: 3 8. "Essential personal property" shall mean articles of personal prop- 4 erty necessary and essential to the health, welfare or safety of the 5 victim. 6 (a) Personal property necessary and essential to the welfare of the 7 victim shall mean personal property of a victim that is lost, damaged, 8 or stolen as a result of a crime and for which reimbursement or replace- 9 ment is reasonably necessary for the victim to restore stability or 10 maintain a reasonable and/or basic standard of living. 11 (b) The office shall promulgate rules and regulations for the determi- 12 nation and approval of what constitutes property reasonably necessary to 13 restore or maintain a reasonable and/or basic standard of living 14 consistent with this article. 15 § 2. Subdivision 9 of section 631 of the executive law, as amended by 16 chapter 487 of the laws of 2014, is amended to read as follows: 17 9. (a) Any award made for the cost of repair or replacement of essen- 18 tial personal property, including cash losses of essential personal 19 property, shall be limited to an amount of [five] twenty-five hundred 20 dollars, except that all cash losses of essential personal property 21 shall be limited to the amount of one hundred dollars. In the case of 22 medically necessary life-sustaining equipment which was lost or damaged 23 as the direct result of a crime, the award shall be limited to the 24 amount of ten thousand dollars. 25 (b) For property necessary and essential to the welfare of the victim, 26 the office may request that the claimant provide estimates or receipts EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15008-02-2S. 8603--A 2 1 for personal property lost, damaged or stolen as a result of the crime. 2 A claimant's inability to produce a receipt for lost, stolen or damaged 3 personal items shall not in itself disqualify a claimant from receiving 4 reimbursement for such items. The office shall consider all the facts 5 and circumstances of each case before making a determination. 6 (c) Personal property necessary and essential to the welfare of the 7 victim shall include, but not be limited to, the following items lost, 8 damaged, or stolen as a result of the crime: 9 (i) clothing; 10 (ii) shoes; 11 (iii) furniture; 12 (iv) appliances; 13 (v) electronics; and 14 (vi) bedding. 15 (d) Property necessary and essential to the welfare of the victim 16 shall include, but not be limited to, the following: 17 (i) Sofa, couch, loveseat, or chair; 18 (ii) Dining table; 19 (iii) Bed/mattress; 20 (iv) Sheets, pillows, comforters and blankets; 21 (v) Lamp; 22 (vi) Refrigerator; 23 (vii) Microwave; 24 (viii) Stove; 25 (ix) Dishes and eating utensils; 26 (x) Television; 27 (xi) Telephone or cell phone; 28 (xii) Toys for children under six years old; and 29 (xiii) Stroller. 30 (e) Eligible essential personal property as specified in subdivision 31 (d) of this section, including any property not specifically enumerated 32 in subdivision (d) of this section, may be reimbursed at a reasonable 33 rate as determined by the office, provided that such rate does not 34 exceed twenty-five hundred dollars. 35 § 3. Subdivision 9 of section 631 of the executive law, as amended by 36 section 1 of part I of chapter 55 of the laws of 2022, is amended to 37 read as follows: 38 9. (a) Any award made for the cost of repair or replacement of essen- 39 tial personal property, including cash losses of essential personal 40 property, shall be limited to an amount of twenty-five hundred dollars, 41 except that all cash losses of essential personal property shall be 42 limited to the amount of one hundred dollars. In the case of medically 43 necessary life-sustaining equipment which was lost or damaged as the 44 direct result of a crime, the award shall be limited to the amount of 45 ten thousand dollars. 46 (b) For property necessary and essential to the welfare of the victim, 47 the office may request that the claimant provide estimates or receipts 48 for personal property lost, damaged or stolen as a result of the crime. 49 A claimant's inability to produce a receipt for lost, stolen or damaged 50 personal items shall not in itself disqualify a claimant from receiving 51 reimbursement for such items. The office shall consider all the facts 52 and circumstances of each case before making a determination. 53 (c) Personal property necessary and essential to the welfare of the 54 victim shall include, but not be limited to, the following items lost, 55 damaged, or stolen as a result of the crime: 56 (i) clothing;S. 8603--A 3 1 (ii) shoes; 2 (iii) furniture; 3 (iv) appliances; 4 (v) electronics; and 5 (vi) bedding. 6 (d) Property necessary and essential to the welfare of the victim 7 shall include, but not be limited to, the following: 8 (i) Sofa, couch, loveseat, or chair; 9 (ii) Dining table; 10 (iii) Bed/mattress; 11 (iv) Sheets, pillows, comforters and blankets; 12 (v) Lamp; 13 (vi) Refrigerator; 14 (vii) Microwave; 15 (viii) Stove; 16 (ix) Dishes and eating utensils; 17 (x) Television; 18 (xi) Telephone or cell phone; 19 (xii) Toys for children under six years old; and 20 (xiii) Stroller. 21 (e) Eligible essential personal property as specified in subdivision 22 (d) of this section, including any property not specifically enumerated 23 in subdivision (d) of this section, may be reimbursed at a reasonable 24 rate as determined by the office, provided that such rate does not 25 exceed twenty-five hundred dollars. 26 § 4. This act shall take effect immediately; provided, however, that 27 section three of this act shall take effect on the same date and in the 28 same manner as section 1 of part I of chapter 55 of the laws of 2022, 29 takes effect.
