New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A07079 Summary:

A07079 Actions:

A07079 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:04/09/2019AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Excused
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:04/09/2019AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:04/09/2019AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Excused
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Gottfried      
DATE:04/09/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A07079 Floor Votes:

A07079 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7079
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 4, 2019
                                       ___________
 
        Introduced  by  M.  of A. McMAHON, TITUS -- (at request of the Office of
          Victim Services) -- read once and referred to the Committee on Govern-
          mental Operations
 
        AN ACT to amend the executive law, in relation  to  victim  compensation
          for unlawful surveillance crimes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 11 of section 631  of  the  executive  law,  as
     2  amended  by  section  1  of part G of chapter 55 of the laws of 2017, is
     3  amended to read as follows:
     4    11. Notwithstanding the provisions of subdivisions one, two and  three
     5  of  this section, an individual who was a victim of either the crime of:
     6  menacing in the second degree as defined in subdivision one  of  section
     7  120.14  of  the  penal  law;  menacing in the third degree as defined in
     8  section 120.15 of the penal law;  unlawful  imprisonment  in  the  first
     9  degree  as defined in section 135.10 of the penal law; kidnapping in the
    10  second degree as defined in section 135.20 of the penal law;  kidnapping
    11  in the first degree as defined in section 135.25 of the penal law; crim-
    12  inal  mischief  in  the  fourth degree as defined in subdivision four of
    13  section 145.00 of the penal law; robbery in the third degree as  defined
    14  in  section  160.05  of  the  penal law; robbery in the second degree as
    15  defined in subdivision one, paragraph [b]  (b)  of  subdivision  two  or
    16  subdivision  three  of  section 160.10 of the penal law; [or] robbery in
    17  the first degree as defined in  subdivisions  two,  three  and  four  of
    18  section  160.15  of  the  penal law; unlawful surveillance in the second
    19  degree as defined in section  250.45  of  the  penal  law;  or  unlawful
    20  surveillance  in  the  first  degree as defined in section 250.50 of the
    21  penal law who has not been physically injured as a direct result of such
    22  crime shall only be eligible for an award that includes loss of earnings
    23  and the unreimbursed costs of counseling  provided  to  such  victim  on
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09232-01-9
        A. 7079                             2
 
     1  account  of  mental  or  emotional stress resulting from the incident in
     2  which the crime occurred.
     3    § 2. Subdivision 12 of section 631 of the executive law, as amended by
     4  chapter 204 of the laws of 2018, is amended to read as follows:
     5    12.  Notwithstanding the provisions of subdivisions one, two and three
     6  of this section, an individual who was a victim of either the  crime  of
     7  menacing  in the second degree as defined in subdivision two or three of
     8  section 120.14 of the penal law, menacing in the first degree as defined
     9  in section 120.13 of the penal law, criminal obstruction of breathing or
    10  blood circulation as defined in section 121.11 of the penal law, harass-
    11  ment in the second degree as defined in section 240.26 of the penal law,
    12  harassment in the first degree as defined in section 240.25 of the penal
    13  law, aggravated harassment in the second degree as defined  in  subdivi-
    14  sion  three  or  five  of  section  240.30  of the penal law, aggravated
    15  harassment in the first degree as defined in subdivision two of  section
    16  240.31  of  the  penal  law,  criminal  contempt  in the first degree as
    17  defined in subdivision (b) or subdivision (c) of section 215.51  of  the
    18  penal  law,  or stalking in the fourth, third, second or first degree as
    19  defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal  law,
    20  respectively,  or dissemination of an unlawful surveillance image in the
    21  second or first degree as defined in sections 250.55 and 250.60, respec-
    22  tively, or a hate crime as defined in section 485.05 of  the  penal  law
    23  who  has  not  been  physically injured as a direct result of such crime
    24  shall only be eligible for an award that includes  loss  of  earning  or
    25  support,  the  unreimbursed  cost  of repair or replacement of essential
    26  personal property that has been lost, damaged or destroyed as  a  direct
    27  result  of  such  crime,  the  unreimbursed cost for security devices to
    28  enhance the personal protection of such victim, the cost of residing  at
    29  or  utilizing  services  provided  by  shelters for battered spouses and
    30  children as provided in subdivision one of section six  hundred  twenty-
    31  six  of  this  article,  transportation  expenses incurred for necessary
    32  court appearances in connection with the prosecution of such crime,  the
    33  unreimbursed  costs  of counseling provided to such victim on account of
    34  mental or emotional stress resulting from  the  incident  in  which  the
    35  crime  occurred, the unreimbursed cost of crime scene cleanup and secur-
    36  ing a crime scene, reasonable relocation expenses, and for  occupational
    37  or  job  training.  For  purposes  of this subdivision, "necessary court
    38  appearances" shall include, but not be limited to,  any  part  of  trial
    39  from  arraignment  through  sentencing,  pre and post trial hearings and
    40  grand jury hearings.
    41    § 3. This act shall take effect on the one hundred eightieth day after
    42  it shall have become a law.