Bill Text: NY S08999 | 2021-2022 | General Assembly | Introduced
Bill Title: Permits schools located within the state to purchase reduced fat or whole New York milk to provide or sell at such school.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2022-05-03 - REFERRED TO EDUCATION [S08999 Detail]
Download: New_York-2021-S08999-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8999 IN SENATE May 3, 2022 ___________ Introduced by Sen. GAUGHRAN -- 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 requiring a defendant who causes the death of a person with children due to driving while intoxicated or impaired to pay for child support The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 and 11 of section 621 of the executive law, 2 subdivision 5 as amended by chapter 189 of the laws of 2018 and subdivi- 3 sion 11 as amended by chapter 178 of the laws of 2019, are amended to 4 read as follows: 5 5. "Victim" shall mean (a) a person who suffers personal physical 6 injury as a direct result of a crime; (b) a person who is the victim of 7 either the crime of (1) unlawful imprisonment in the first degree as 8 defined in section 135.10 of the penal law, (2) kidnapping in the second 9 degree as defined in section 135.20 of the penal law, (3) kidnapping in 10 the first degree as defined in section 135.25 of the penal law, (4) 11 menacing in the first degree as defined in section 120.13 of the penal 12 law, (5) criminal obstruction of breathing or blood circulation as 13 defined in section 121.11 of the penal law, (6) harassment in the second 14 degree as defined in section 240.26 of the penal law, (7) harassment in 15 the first degree as defined in section 240.25 of the penal law, (8) 16 aggravated harassment in the second degree as defined in subdivision 17 three or five of section 240.30 of the penal law, (9) aggravated harass- 18 ment in the first degree as defined in subdivision two of section 240.31 19 of the penal law, (10) criminal contempt in the first degree as defined 20 in subdivision (b) or subdivision (c) of section 215.51 of the penal 21 law, (11) stalking in the fourth, third, second or first degree as 22 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 23 (12) labor trafficking as defined in section 135.35 of the penal law, 24 (13) sex trafficking as defined in section 230.34 of the penal law; or 25 (14) sex trafficking of a child as defined in section 230.34-a of the 26 penal law; a vulnerable elderly person or an incompetent or physically EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13957-01-1S. 8999 2 1 disabled person as defined in section 260.31 of the penal law who incurs 2 a loss of savings as defined in subdivision twenty-four of this section; 3 or a person who has had a frivolous lawsuit filed against them; (c) a 4 child victim of a person or persons who died as a direct result of 5 either the crime of (1) vehicular manslaughter in the second degree as 6 defined in section 125.12 of the penal law, (2) vehicular manslaughter 7 in the first degree as defined in section 125.13 of the penal law, or 8 (3) aggravated vehicular homicide as defined in section 125.14 of the 9 penal law. 10 11. For purposes of this article "child victim" shall mean a person 11 less than eighteen years of age who suffers physical, mental or 12 emotional injury, or loss or damage, as a direct result of a crime or 13 any violation listed in subdivision twelve of section six hundred thir- 14 ty-one of this article, or as a result of witnessing a crime or any 15 violation listed in subdivision twelve of section six hundred thirty-one 16 of this article, or a child of a victim of a crime listed in paragraph 17 (c) of subdivision five of this section. 18 § 2. Subdivision 2 of section 631 of the executive law, as amended by 19 chapter 233 of the laws of 2020, is amended and a new subdivision 19 is 20 added to read as follows: 21 2. Any award made pursuant to this article shall be in an amount not 22 exceeding out-of-pocket expenses, including indebtedness reasonably 23 incurred for medical or other services necessary as a result of the 24 injury upon which the claim is based; loss of earnings or support 25 resulting from such injury not to exceed thirty thousand dollars; loss 26 of savings not to exceed thirty thousand dollars; burial expenses not 27 exceeding six thousand dollars of a victim who died on or after November 28 first, nineteen ninety-six as a direct result of a crime; the costs of 29 crime scene cleanup and securing of a crime scene not exceeding twenty- 30 five hundred dollars; reasonable relocation expenses not exceeding twen- 31 ty-five hundred dollars; reasonable employment-related transportation 32 expenses, not exceeding twenty-five hundred dollars [and]; the unreim- 33 bursed cost of repair or replacement of articles of essential personal 34 property lost, damaged or destroyed as a direct result of the crime; and 35 child support for a child victim pursuant to paragraph (c) of subdivi- 36 sion five of section six hundred twenty-one of this article until such 37 child reaches the age of eighteen. An award for loss of earnings shall 38 include earnings lost by a parent or guardian as a result of the hospi- 39 talization of a child victim under age eighteen for injuries sustained 40 as a direct result of a crime. In addition to the medical or other 41 services necessary as a result of the injury upon which the claim is 42 based, an award may be made for rehabilitative occupational training for 43 the purpose of job retraining or similar employment-oriented rehabilita- 44 tive services based upon the claimant's medical and employment history. 45 For the purpose of this subdivision, rehabilitative occupational train- 46 ing shall include but not be limited to educational training and 47 expenses. An award for rehabilitative occupational training may be made 48 to a victim, or to a family member of a victim where necessary as a 49 direct result of a crime. An award for employment-related transporta- 50 tion expenses shall be limited to the time period necessary due to the 51 personal physical injuries sustained as a direct result of the crime 52 upon which the claim is based, as determined by the medical information 53 collected during the investigation of the claim. 54 19. Notwithstanding any inconsistent provisions of this article, where 55 a child victim has lost a parent or parents as a result of a crime list- 56 ed in paragraph (c) of subdivision five of section six hundred twenty-S. 8999 3 1 one of this article the claimant shall be eligible of an award of child 2 support which shall be paid monthly to the child victim's other parent 3 or legal guardian until such child victim reaches the age of eighteen. 4 Such award of child support shall be determined by the office after 5 taking into consideration the claimant's financial resources. 6 § 3. Subdivision 1 of section 632 of the executive law, as amended by 7 chapter 287 of the laws of 1972, is amended to read as follows: 8 1. The award shall be paid in a lump sum, except that in the case of 9 death or protracted disability the award shall provide for periodic 10 payments to compensate for loss of earnings or support; or in the case 11 of a child victim pursuant to paragraph (c) of subdivision five of 12 section six hundred twenty-one of this article the award of child 13 support shall be paid monthly until such child victim reaches the age of 14 eighteen. No award made pursuant to this article shall be subject to 15 execution or attachment other than for expenses resulting from the inju- 16 ry which is the basis for the claim. 17 § 4. This act shall take effect immediately.
