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A01862 Summary:

BILL NOA01862A
 
SAME ASSAME AS S00156-A
 
SPONSORRajkumar
 
COSPNSR
 
MLTSPNSR
 
Amd §§621 & 631, Exec L
 
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.
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A01862 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1862--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2025
                                       ___________
 
        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee  on  Governmental  Operations  --  recommitted to the Committee on
          Governmental Operations in accordance with Assembly Rule 3, sec. 2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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 is amended by
    16  adding four new paragraphs (c), (d), (e) and (f) to read as follows:
    17    (c) For property necessary and essential to the welfare of the victim,
    18  the office may request that the claimant provide estimates  or  receipts
    19  for  personal property lost, damaged or stolen as a result of the crime.
    20  A claimant's inability to produce a receipt for lost, stolen or  damaged
    21  personal  items shall not in itself disqualify a claimant from receiving
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00484-03-6

        A. 1862--A                          2
 
     1  reimbursement for such items. The office shall consider  all  the  facts
     2  and circumstances of each case before making a determination.
     3    (d)  Personal  property  necessary and essential to the welfare of the
     4  victim shall include, but not be limited to, the following  items  lost,
     5  damaged, or stolen as a result of the crime:
     6    (i) clothing;
     7    (ii) shoes;
     8    (iii) furniture;
     9    (iv) appliances;
    10    (v) electronics; and
    11    (vi) bedding.
    12    (e)  Property  necessary  and  essential  to the welfare of the victim
    13  shall include, but not be limited to, the following:
    14    (i) Sofa, couch, loveseat, or chair;
    15    (ii) Dining table;
    16    (iii) Bed/mattress;
    17    (iv) Sheets, pillows, comforters and blankets;
    18    (v) Lamp;
    19    (vi) Refrigerator;
    20    (vii) Microwave;
    21    (viii) Stove;
    22    (ix) Dishes and eating utensils;
    23    (x) Television;
    24    (xi) Telephone or cell phone;
    25    (xii) Toys for children under six years old; and
    26    (xiii) Stroller.
    27    (f) Eligible essential personal property as specified in paragraph (e)
    28  of this subdivision, including any property not specifically  enumerated
    29  in  paragraph (e) of this subdivision, may be reimbursed at a reasonable
    30  rate as determined by the office,  provided  that  such  rate  does  not
    31  exceed twenty-five hundred dollars.
    32    § 3. This act shall take effect immediately.
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