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A09691 Memo:


TITLE OF BILL:  An act to amend the executive law, in relation to the
information provided to the office of victim services

Purpose:  The purpose of this bill is to require that law enforcement
and other agencies provide the Office of Victim Services (OVS) with
the assistance and data necessary for it to carry out its functions
and duties.

Summary of Provisions:

Section one of this bill would amend subdivision 4 of section 623 of
the Executive Law, mandating that the Division of State Police, county
and municipal police departments and agencies and other state or
municipal departments or agencies provide assistance and data as will
enable OVS to carry out its functions and duties to the extend such
information is not otherwise protected from disclosure. Furthermore,
the bill would not require the disclosure of assistance or data where
such disclosure would unreasonably interfere with public safety or an
ongoing criminal investigation.

Section two of this bill provides for the effective date.

Existing Law:  Under current law, subdivision 4 of section 623 of the
Executive Law empowers OVS, "to request from the division of state
police, from county or municipal police departments and agencies and
from any other state or municipal department or agency, or public
authority, and the same are hereby authorized to provide, such
assistance and data as will enable the office to carry out its
functions and duties." This permits such agencies to provide the
Office with necessary information; it does not require such
information be provided.

Legislative History:  This is a new bill.

Statement in Support:  OVS has been providing compensation and other
services to victims of Prime for more than 40 years. The OVS cannot do
this job without the full and timely cooperation of law enforcement.
One of the most important elements when examining a claim is
establishing that a crime did occur. The Office uses police reports to
meet this threshold requirement. Unfortunately, OVS has been delayed
in its processing of claims due to the fact that certain law
enforcement agencies across the state are not timely providing.this
crucial information. To expedite these requests, the OVS has
established an e-mail account for the receipt of police reports. This
bill will make compliance mandatory.

Budget Implications: None.

Local Impact:  Any local impact is expected to be de minimis.

Effective Date:  Immediately,
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