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S00156 Summary:

BILL NOS00156A
 
SAME ASSAME AS A01862-A
 
SPONSORSALAZAR
 
COSPNSRJACKSON, MURRAY, RHOADS, ROLISON, WEBB, WEBER
 
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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S00156 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         156--A
            Cal. No. 287
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  Sens.  SALAZAR,  JACKSON, MURRAY, RHOADS, ROLISON, WEBB,
          WEBER -- read twice and  ordered  printed,  and  when  printed  to  be
          committed  to  the Committee on Crime Victims, Crime and Correction --
          recommitted to the Committee on Crime Victims, Crime and Correction in
          accordance with Senate Rule 6, sec. 8 -- reported favorably from  said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00484-02-6

        S. 156--A                           2
 
     1  for personal property lost, damaged or stolen as a result of the  crime.
     2  A  claimant's inability to produce a receipt for lost, stolen or damaged
     3  personal items shall not in itself disqualify a claimant from  receiving
     4  reimbursement  for  such  items. The office shall consider all the facts
     5  and circumstances of each case before making a determination.
     6    (d) Personal property necessary and essential to the  welfare  of  the
     7  victim  shall  include, but not be limited to, the following items lost,
     8  damaged, or stolen as a result of the crime:
     9    (i) clothing;
    10    (ii) shoes;
    11    (iii) furniture;
    12    (iv) appliances;
    13    (v) electronics; and
    14    (vi) bedding.
    15    (e) Property necessary and essential to  the  welfare  of  the  victim
    16  shall include, but not be limited to, the following:
    17    (i) Sofa, couch, loveseat, or chair;
    18    (ii) Dining table;
    19    (iii) Bed/mattress;
    20    (iv) Sheets, pillows, comforters and blankets;
    21    (v) Lamp;
    22    (vi) Refrigerator;
    23    (vii) Microwave;
    24    (viii) Stove;
    25    (ix) Dishes and eating utensils;
    26    (x) Television;
    27    (xi) Telephone or cell phone;
    28    (xii) Toys for children under six years old; and
    29    (xiii) Stroller.
    30    (f) Eligible essential personal property as specified in paragraph (e)
    31  of  this subdivision, including any property not specifically enumerated
    32  in paragraph (e) of this subdivision, may be reimbursed at a  reasonable
    33  rate  as  determined  by  the  office,  provided that such rate does not
    34  exceed twenty-five hundred dollars.
    35    § 3. This act shall take effect immediately.
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