A02915 Summary:

BILL NO    A02915 

SAME AS    No same as

SPONSOR    Koon (MS)

COSPNSR    

MLTSPNSR   Hikind, Mayersohn, Sweeney

Amd S631, rpld sub 6, Exec L

Eliminates the requirement that the crime victims board make a finding of
financial difficulty in making an award to a crime victim; however, the board
need not restore or maintain the claimant to the same standard of living
enjoyed by such claimant prior to the death or injury.

A02915 Actions:

BILL NO    A02915 

01/21/2009 referred to governmental operations
01/06/2010 referred to governmental operations

A02915 Votes:

A02915 Memo:

 BILL NUMBER : A2915

 TITLE OF BILL :  An act to amend the executive law, in relation to
the requirement for a finding that a crime victim award claimant will
suffer financial difficulty if an award is not approved and to repeal
certain provisions of such law relating thereto

 PURPOSE OR GENERAL IDEA OF THE BILL :
To eliminate financial difficulty as a condition to making an award to
a claimant.

 SUMMARY OF SPECIFIC PROVISIONS :
Paragraphs (c) and (d) of subdivision 5 of Section 631 of the
executive law are amended to eliminate the references to "financial
difficulty".  Subdivision 6 of the same section which requires a
finding of "financial difficulty" in order to make an award and which
sets forth the factors to be considered in determining such difficulty
is repealed.  Subdivisions 8, 9 and 10 of Section 631 are renumbered
subdivisions 7, 8 and 9, respectively.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
Presently Section 631 of the executive law prohibits the approval of a
claim over $5,000 unless the Board finds that the claimant will suffer
"financial difficulty" if the award is not made.  In order to
determine "financial difficulty" the Board is required to consider
such factors as number of dependents, living expenses, employment
situation, net financial resources, etc.  In determining net financial
resources, the Board is required to exclude certain items such as, a
homestead, not exceeding $100,000 or five years rent, personal
property, furniture, tools, automobile, life insurance, and
retirement, education and health plans.  The value of the exception
cannot exceed $100,000.

Providing assistance to innocent victims of crime in New York should
not be based on whether their available financial resources outweigh
the tragic outcome of criminal victimization. Since 1985 the threshold
to determine financial difficulty has been raised by the Legislature
and currently applies only to claims over $5,000.  Given the fact that
over 70% of the CVB claims are for losses under $1,000, the
significance of determining financial difficulty becomes questionable,
particularly when comparing the CVB's personnel costs in administering
the financial difficulty "test with overall program expenditures."

 PRIOR LEGISLATIVE HISTORY :

1994: A169 1996: A3940 1997-1998: A.1380 1999-2000: A.673 2001-2002:
A.2578 2003-2004: A.5413 2005-2006: A.9645 2007-2008: A.5185

 FISCAL IMPLICATIONS :

Giving equal consideration to the CVB's administrative expenses in
assessing the financial difficulty of claimants versus the projected
additional program expenditures as a result of eliminating the current
financial difficulty requirement, it is estimated that the cost of
said proposal would be no more than $300,000 per annum.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law, and shall apply to all
crimes committed on or after such date.