Bill Text: NY S00303 | 2023-2024 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Engrossed) 2024-05-14 - referred to governmental operations [S00303 Detail]

Download: New_York-2023-S00303-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           303

                               2023-2024 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 4, 2023
                                       ___________

        Introduced  by  Sen. SALAZAR -- 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 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  section  1  of  part  I of chapter 55 of the laws of 2022, is amended to
    17  read as follows:
    18    9. (a) Any award made for the cost of repair or replacement of  essen-
    19  tial  personal  property,  including  cash  losses of essential personal
    20  property, shall be limited to an amount of twenty-five hundred  dollars,
    21  except  that  all  cash  losses  of essential personal property shall be
    22  limited to the amount of one hundred dollars. In the case  of  medically
    23  necessary  life-sustaining  equipment  which  was lost or damaged as the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00655-01-3
        S. 303                              2

     1  direct result of a crime, the award shall be limited to  the  amount  of
     2  ten thousand dollars.
     3    (b) For property necessary and essential to the welfare of the victim,
     4  the  office  may request that the claimant provide estimates or receipts
     5  for personal property lost, damaged or stolen as a result of the  crime.
     6  A  claimant's inability to produce a receipt for lost, stolen or damaged
     7  personal items shall not in itself disqualify a claimant from  receiving
     8  reimbursement  for  such  items. The office shall consider all the facts
     9  and circumstances of each case before making a determination.
    10    (c) Personal property necessary and essential to the  welfare  of  the
    11  victim  shall  include, but not be limited to, the following items lost,
    12  damaged, or stolen as a result of the crime:
    13    (i) clothing;
    14    (ii) shoes;
    15    (iii) furniture;
    16    (iv) appliances;
    17    (v) electronics; and
    18    (vi) bedding.
    19    (d) Property necessary and essential to  the  welfare  of  the  victim
    20  shall include, but not be limited to, the following:
    21    (i) Sofa, couch, loveseat, or chair;
    22    (ii) Dining table;
    23    (iii) Bed/mattress;
    24    (iv) Sheets, pillows, comforters and blankets;
    25    (v) Lamp;
    26    (vi) Refrigerator;
    27    (vii) Microwave;
    28    (viii) Stove;
    29    (ix) Dishes and eating utensils;
    30    (x) Television;
    31    (xi) Telephone or cell phone;
    32    (xii) Toys for children under six years old; and
    33    (xiii) Stroller.
    34    (e) Eligible essential personal property as specified in paragraph (d)
    35  of  this subdivision, including any property not specifically enumerated
    36  in paragraph (d) of this subdivision, may be reimbursed at a  reasonable
    37  rate  as  determined  by  the  office,  provided that such rate does not
    38  exceed twenty-five hundred dollars.
    39    § 3. This act shall take effect immediately.