Bill Text: NY S08071 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to eligibility for victims and survivors of crime to access victim compensation funds; specifies when awards may be provided and the requirements for such.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2024-02-07 - SUBSTITUTED BY A8566 [S08071 Detail]
Download: New_York-2023-S08071-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8071 IN SENATE January 5, 2024 ___________ Introduced by Sen. MYRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to expanding eligibility for victims and survivors of crime to access victim compensation funds; and to amend a chapter of the laws of 2023 amending the execu- tive law relating to expanding eligibility for victims and survivors of crime to access victim compensation funds by removing the mandatory law enforcement reporting requirement, providing alternative forms of evidence that would show that a qualifying crime was committed and the confidentiality of certain records, as proposed in legislative bills numbers S. 214-A and A. 2105-A, in relation to the effectiveness ther- eof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 631 of the executive law, as 2 amended by a chapter of the laws of 2023 amending the executive law 3 relating to expanding eligibility for victims and survivors of crime to 4 access victim compensation funds by removing the mandatory law enforce- 5 ment reporting requirement, providing alternative forms of evidence that 6 would show that a qualifying crime was committed and the confidentiality 7 of certain records, as proposed in legislative bills numbers S. 214-A 8 and A. 2105-A, is amended and two new subdivisions 1-b and 1-c are added 9 to read as follows: 10 1. (a) No award shall be made unless the office finds that: [(a)] (i) 11 a crime [has occurred as] was indicated by the [applicant's record or12supporting documentation] records of a support agency for survivors of 13 crime or the records of a criminal justice agency; [(b)] (ii) such crime 14 directly resulted in personal physical injury to or the exacerbation of 15 a preexisting disability, or condition, or death of, the victim; and 16 [(c) either: (i) criminal justice agency] (iii) the records of a support 17 agency for survivors of crime or the records of a criminal justice agen- 18 cy show that such crime was reported [to the proper authorities within a19reasonable time considering all the circumstances, including the20victim's physical, emotional and mental condition and family situation;EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01992-04-4S. 8071 2 1or (ii) evidence is provided to show that such crime occurred. Such2evidence shall include, but is not limited to, one or more of the3following:4(A) a written statement provided by a city or state-contracted victim5services provider who has provided services to the victim of the crime,6or other eligible claimants as identified in section six hundred twen-7ty-four of this article, in response to the impact of the qualifying8crime; or9(B) a temporary or permanent restraining order or protective order10issued by a court to protect or separate the victim, or other eligible11claimants as identified in section six hundred twenty-four of this arti-12cle, from the person who is responsible for the qualifying crime]. 13 (b) For the purposes of this subdivision, "criminal justice agency" 14 shall include, but not be limited to, a police department, a district 15 attorney's office, and any other governmental agency having responsibil- 16 ity for the enforcement of the criminal laws of the state [provided,17however, that in cases involving such sex offense or family offense a18criminal justice agency shall also mean a family court, a governmental19agency responsible for child and/or adult protective services pursuant20to title six of article six of the social services law and/or title one21of article nine-B of the social services law, and any medical facility22established under the laws of the state that provides a forensic phys-23ical examination for victims of rape and sexual assault]. 24 (c) For the purposes of this subdivision a "support agency for survi- 25 vors of crime" or any derivative term thereof shall include: 26 (i) a governmental agency responsible for child and/or adult protec- 27 tive services pursuant to title six of article six of the social 28 services law and/or title one of article nine-B of the social services 29 law, and any medical facility established under the laws of the state 30 that provides a forensic physical examination for victims of rape and 31 sexual assault; or 32 (ii) in cases involving any sex offense or family offense a support 33 agency for survivors of crime shall also include a family court; or 34 (iii) in cases where a physically injured claimant and/or victim is 35 unable to report to or otherwise cooperate with a criminal justice agen- 36 cy because of the victim's age, physical condition, psychological state, 37 cultural or linguistic barriers, or any other health or safety concern 38 that jeopardizes the victim's wellbeing, a support agency for survivors 39 of crime shall also include: 40 (A) a court which issued a temporary or permanent restraining order or 41 protective order against the party or parties alleged to have committed 42 the crime against the victim, or 43 (B) a "victim services provider" which shall mean a city or state 44 contracted victim service provider who has provided services to the 45 victim of the crime, or other eligible claimants as identified in 46 section six hundred twenty-four of this article, or a licensed medical 47 or mental health services provider providing care to a victim of crime 48 within their licensed discipline and who can attest that the victim of a 49 crime suffered a personal physical injury related to or connected to the 50 crime upon which the claim is based. 51 1-b. Where supporting evidence under subdivision one of this section 52 is provided by any victim services provider, pursuant to clause (B) of 53 subparagraph (iii) of paragraph (c) of subdivision one of this section, 54 (a) a provider which is a city or state contracted victim service 55 provider shall attest that (i) such provider and any entity associated 56 with such provider does not have a pecuniary interest in the outcome ofS. 8071 3 1 the claim, but if so, (ii) a referral shall be made from such provider 2 and any entity associated with such provider immediately upon the deci- 3 sion of the office, and (iii) it is understood that no contractual 4 reimbursements or other payments shall be made by the office to the 5 provider and any entity associated with such provider for any crime 6 related services provided to that victim after such decision by the 7 office, and (b) all victim services providers, pursuant to clause (B) of 8 subparagraph (iii) of paragraph (c) of subdivision one of this section 9 shall also attest that the victim's injuries are the result of a crime. 10 1-c. In the event that inconsistent reports among two or more support 11 agencies for survivors of crime exist for the same incident, the office 12 shall consider the totality of the circumstances among all reports in 13 the light most favorable to the victim and/or claimant, in order to 14 accomplish the purpose of this article. 15 § 2. Subdivision 4 of section 625 of the executive law, as amended by 16 a chapter of the laws of 2023 amending the executive law relating to 17 expanding eligibility for victims and survivors of crime to access 18 victim compensation funds by removing the mandatory law enforcement 19 reporting requirement, providing alternative forms of evidence that 20 would show that a qualifying crime was committed and the confidentiality 21 of certain records, as proposed in legislative bills numbers S. 214-A 22 and A. 2105-A, is amended to read as follows: 23 4. Upon the filing of a claim pursuant to this article, the office 24 shall promptly notify the district attorney of the county wherein the 25 crime is alleged to have occurred[. Except in cases where the alleged26crime was not reported to a criminal justice agency, as indicated in27subdivision one of section six hundred thirty-one of this article], 28 provided however, that in such cases in which the crime victim reported 29 to a support agency that is also a victim services provider as defined 30 in clause (B) of subparagraph (iii) of paragraph (c) of subdivision one 31 of section six hundred thirty-one of this article, the office shall not 32 make any such notification. If, within ten days after such notification, 33 such district attorney advises the office that a criminal prosecution is 34 pending upon the same alleged crime and requests that action by the 35 office be deferred, the office shall defer all proceedings under this 36 article until such time as such criminal prosecution has been concluded 37 and shall so notify such district attorney and the claimant. When such 38 criminal prosecution has been concluded, such district attorney shall 39 promptly so notify the office. Nothing in this section shall limit the 40 authority of the office to grant emergency awards pursuant to section 41 six hundred thirty of this article. 42 § 3. Paragraph (a) of subdivision 1 of section 633 of the executive 43 law, as amended by a chapter of the laws of 2023 amending the executive 44 law relating to expanding eligibility for victims and survivors of crime 45 to access victim compensation funds by removing the mandatory law 46 enforcement reporting requirement, providing alternative forms of 47 evidence that would show that a qualifying crime was committed and the 48 confidentiality of certain records, as proposed in legislative bills 49 numbers S. 214-A and A. 2105-A, is amended to read as follows: 50 (a) requests for information based on legitimate criminal justice 51 purposes [as determined by the agency, provided that, in such case, the52office shall furnish only that portion of the information that is legal-53ly required] provided that, in such cases in which the crime victim 54 reported to a support agency that is also a victim services provider as 55 defined in clause (B) of subparagraph (iii) of paragraph (c) of subdivi- 56 sion one of section six hundred thirty-one of this article, the officeS. 8071 4 1 shall not provide any personally identifying information or information 2 tending to identify the victim or claimant; 3 § 4. Section 7 of a chapter of the laws of 2023 amending the executive 4 law relating to expanding eligibility for victims and survivors of crime 5 to access victim compensation funds by removing the mandatory law 6 enforcement reporting requirement, providing alternative forms of 7 evidence that would show that a qualifying crime was committed and the 8 confidentiality of certain records, as proposed in legislative bills 9 numbers S. 214-A and A. 2105-A, is amended to read as follows: 10 § 7. This act shall take effect [one year after it shall have become a11law] December 31, 2025 and shall apply to all claims filed on or after 12 such effective date. 13 § 5. This act shall take effect immediately; provided, however, that 14 sections one, two and three of this act shall take effect on the same 15 date and in the same manner as a chapter of the laws of 2023 amending 16 the executive law relating to expanding eligibility for victims and 17 survivors of crime to access victim compensation funds by removing the 18 mandatory law enforcement reporting requirement, providing alternative 19 forms of evidence that would show that a qualifying crime was committed 20 and the confidentiality of certain records, as proposed in legislative 21 bills numbers S. 214-A and A. 2105-A, takes effect.
