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A05443 Summary:

BILL NOA05443A
 
SAME ASNo Same As
 
SPONSORChandler-Waterman
 
COSPNSRMeeks, Lucas, Forrest, Burroughs, Simone
 
MLTSPNSR
 
Amd §§623, 625-a & 631, Exec L
 
Requires the office of victim services to publicize programs offered by the office and to include certain information in annual reports to the governor and the legislature and to make such reports public on the office's website.
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A05443 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5443--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  CHANDLER-WATERMAN,  MEEKS,  LUCAS,  FORREST,
          BURROUGHS -- read once and referred to the Committee  on  Governmental
          Operations -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN  ACT to amend the executive law, in relation to reports and awards by
          the office of victim services
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 623 of the executive law is amended by adding a new
     2  subdivision 18-a to read as follows:
     3    18-a.  To  publicize  through the office, state, county, and municipal
     4  criminal justice agencies, statewide coalitions, victim service  provid-
     5  ers,  survivor  support  agencies,  hospitals, medical, mental health or
     6  other counseling service providers, local programs  for  crime  victims,
     7  and  other  public  or  private  agencies, the existence of the programs
     8  funded by the office, including the  procedures  for  obtaining  compen-
     9  sation  from  the office as defined in section six hundred twenty-five-a
    10  of this article.
    11    § 2. Subdivision 20 of section 623 of the executive law, as amended by
    12  chapter 489 of the laws of 2014, is amended to read as follows:
    13    20. To render [each year] annually to the governor and [to] the legis-
    14  lature, and to the public via the office's website, on or before  Decem-
    15  ber  first  of  each  year,  a written report on the office's activities
    16  including, but not limited to,  specific  information  on  each  of  the
    17  subdivisions of this section. [Such]
    18    (a)  The annual report shall also include but not be limited to infor-
    19  mation regarding crime victim service programs, including:
    20    [(1)] (i) the programs funded by the office;
    21    [(2)]  (ii)  other  sources  of  funding  for  crime  victims  service
    22  programs;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08947-02-5

        A. 5443--A                          2
 
     1    [(3)]  (iii)  an  assessment  of  the adequacy of the current level of
     2  appropriation to the office  to  meet  the  reasonable  needs  of  crime
     3  victims  service  programs for funding under section six hundred thirty-
     4  one-a of this article; and
     5    [(4)] (iv) an estimate of the reasonable needs of programs in the next
     6  fiscal year.
     7    (b)  The annual report shall also include but not be limited to infor-
     8  mation regarding the office's performance measures, including:
     9    (i) The number of claim applications filed with the office;
    10    (ii) The number  of  claims  accepted,  including  disaggregated  data
    11  denoting the claims accepted by type, for eligibility determinations;
    12    (iii)  The  number  of  claims  rejected, including disaggregated data
    13  denoting the categorical reasons for claims rejected;
    14    (iv) The number of claims resulting in no award  decisions,  including
    15  disaggregated  data  denoting the categorical reasons for no award deci-
    16  sions;
    17    (v) The number of claims awarded, including disaggregated data  denot-
    18  ing the claim type for claims awarded;
    19    (vi)  Anonymized  data  denoting  the race, gender, age, sexual orien-
    20  tation, and county of residence for  claim  applications  filed,  claims
    21  accepted,  claims  rejected, claims resulting in no award decisions, and
    22  claims awarded;
    23    (vii) Anonymized data denoting the crime involved  in  claim  applica-
    24  tions  filed,  claims  accepted, claims rejected, claims resulting in no
    25  award decisions, and claims awarded; and
    26    (viii) The average time between the office receiving  an  application,
    27  the determination of eligibility, and the first award to the victim.
    28    (c) After December thirty-first, two thousand twenty-five, pursuant to
    29  paragraph  (a) of subdivision one of section six hundred thirty-one, the
    30  annual report shall also include  but  not  be  limited  to  information
    31  regarding the records indicating the commission of a crime, including:
    32    (i)  The  number  of  claims using the records of a support agency for
    33  survivors of crime, including disaggregated data denoting the  categori-
    34  cal type of support agency for survivors of crime; and
    35    (ii)  The  number  of  claims  using the records of a criminal justice
    36  agency, including disaggregated data denoting the  categorical  type  of
    37  criminal justice agency.
    38    (d)  The annual report shall also include but not be limited to infor-
    39  mation regarding the office's performance of the duty  of  publicization
    40  pursuant to subdivision eighteen-a of this section.
    41    §  3.  Subdivisions  1  and 1-a of section 625-a of the executive law,
    42  subdivision 1 as amended by section 15 of part A-1 of chapter 56 of  the
    43  laws of 2010, and subdivision 1-a as added by chapter 416 of the laws of
    44  1979, are amended to read as follows:
    45    1. [Every] The office shall supply informative booklets, pamphlets and
    46  other  pertinent  written  information,  including information cards, to
    47  every police station, precinct house, support agency  for  survivors  of
    48  crime  as  defined  in  paragraph  (c) of subdivision one of section six
    49  hundred thirty-one of this  article  after  December  thirty-first,  two
    50  thousand  twenty-five,  any  appropriate  location  where a crime may be
    51  reported and any location required by the rules and regulations  of  the
    52  office  [shall  have available informative booklets, pamphlets and other
    53  pertinent  written  information,  including  information  cards,  to  be
    54  supplied  by  the office], relating to the availability of crime victims
    55  compensation including all necessary application blanks required  to  be
    56  filed  with  the  office and shall [display prominently] provide posters

        A. 5443--A                          3
 
     1  giving notification of the existence  and  general  provisions  of  this
     2  article,  those  provisions  of  the  penal law that prohibit the intim-
     3  idation of crime victims and the location of the  nearest  crime  victim
     4  service  program. The office [may] shall issue guidelines for the promi-
     5  nent display of such posters and the location of such display [and shall
     6  provide posters, application forms, information cards and general infor-
     7  mation]. Every [victim who reports a crime  in  any  manner  whatsoever]
     8  appropriate  location  where  a  crime  may be reported shall [be given]
     9  provide notice about the rights of crime victims and  the  existence  of
    10  all relevant local victim's assistance programs and services pursuant to
    11  section  six hundred twenty-five-b of this article, and [supplied by the
    12  person  receiving  the  report  with  information,]  supply  application
    13  blanks[,]  and  information  cards  which  shall clearly state: (a) that
    14  crime victims may be eligible for state compensation benefits;  (b)  the
    15  address  and  phone  number  of the office; (c) that police and district
    16  attorneys can help protect victims against harassment and  intimidation;
    17  (d)  the  addresses  and phone numbers of local victim service programs,
    18  where appropriate, or space for inserting that information; or  (e)  any
    19  other  information  the  office  deems  appropriate. Such cards shall be
    20  printed and distributed by the office  and  shall  be  designed  by  the
    21  office  in  consultation  with  local  police[, and shall be printed and
    22  distributed by the office].  The  office  shall  develop  a  system  for
    23  distributing a sufficient supply of the information cards referred to in
    24  this  subdivision,  to  all  the appropriate designated locations, which
    25  shall include a schedule for meeting that requirement.
    26    1-a. [Every] The office shall supply posters  giving  notification  of
    27  the  existence  and  general  provisions  of  this  article, application
    28  blanks, and general information to every  general  hospital  established
    29  under  the  laws  of  this  state[, which] that maintains facilities for
    30  providing out-patient emergency medical care,  and  each  such  hospital
    31  shall  display  the  posters  prominently in its emergency room [posters
    32  giving notification of the existence  and  general  provisions  of  this
    33  chapter].    The  board [may] shall issue guidelines for the location of
    34  such display [and shall provide posters, application forms  and  general
    35  information  regarding the provision of this chapter to each such hospi-
    36  tal].
    37    § 4. Section 631 of the executive law  is  amended  by  adding  a  new
    38  subdivision 4-a to read as follows:
    39    4-a.  Any  award made pursuant to this article shall not be reduced by
    40  the amount of any payments received or to be received by the claimant as
    41  a result of private donations, including but not limited to funds raised
    42  through crowdfunding platforms.
    43    § 5. This act shall take effect immediately.
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