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S00214 Summary:

S00214 Actions:

S00214 Committee Votes:

S00214 Floor Votes:

S00214 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         214--A
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  Sens.  MYRIE,  BAILEY, BRESLIN, BRISPORT, BROUK, CLEARE,
          COMRIE, COONEY, FERNANDEZ, GIANARIS,  GONZALEZ,  GOUNARDES,  HARCKHAM,
          HINCHEY,  HOYLMAN-SIGAL,  JACKSON,  KAVANAGH,  KENNEDY,  LIU,  PARKER,
          RAMOS, RIVERA, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY, THOMAS,
          WEBB -- read twice and ordered printed, and when printed to be commit-
          ted to the Committee on Crime Victims, Crime and Correction -- commit-
          tee discharged, bill amended, ordered reprinted as amended and  recom-
          mitted to said committee
 
        AN  ACT to amend the executive law, in relation to expanding eligibility
          for victims and survivors of crime to access victim compensation funds
          by removing  the  mandatory  law  enforcement  reporting  requirement,
          providing  alternative forms of evidence that would show that a quali-
          fying crime was committed and the confidentiality of certain records
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
     2  tive  law,  as amended by chapter 710 of the laws of 1996, is amended to
     3  read as follows:
     4    (a) an act committed in New York state which would, if committed by  a
     5  mentally  competent  criminally  responsible  adult,  who  has  no legal
     6  exemption or defense, constitute a crime as defined in and proscribed by
     7  law, regardless of whether any suspect  was  arrested,  charged,  appre-
     8  hended or prosecuted for the commission of the act or whether the claim-
     9  ant  has  interacted  with  a criminal justice agency investigating such
    10  act; or
    11    § 2. Subdivision 2 of section 625 of the executive law, as amended  by
    12  section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
    13  read as follows:
    14    2. A claim must be filed by the claimant not  later  than  [one  year]
    15  three  years  after  the occurrence or discovery of the crime upon which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01992-02-3
        S. 214--A                           2
 
     1  such claim is based, [one year]  three  years  after  a  court  finds  a
     2  lawsuit  to be frivolous, or not later than [one year] three years after
     3  the death of the victim, provided, however, that upon good cause  shown,
     4  the  office  may extend the time for filing. The office shall extend the
     5  time for filing where  the  claimant  received  no  notice  pursuant  to
     6  section  six  hundred twenty-five-a of this article and had no knowledge
     7  of eligibility pursuant to section six hundred twenty-four of this arti-
     8  cle.
     9    § 3. Paragraph (c) of subdivision 1 of section 627  of  the  executive
    10  law,  as  added  by  section 18 of part A-1 of chapter 56 of the laws of
    11  2010, is amended to read as follows:
    12    (c) the investigation and determination of claims regardless of wheth-
    13  er the alleged criminal has been arrested, charged, apprehended or pros-
    14  ecuted for or convicted of any crime based upon the  same  incident,  or
    15  has  been  acquitted, or found not guilty of the crime in question owing
    16  to criminal irresponsibility or other legal exemption;
    17    § 4. Subdivision 1 of section 631 of the executive law, as  separately
    18  amended  by chapters 189 and 295 of the laws of 2018, is amended to read
    19  as follows:
    20    1. No award shall be made unless the office finds that:  (a)  a  crime
    21  [was  committed,] has occurred as indicated by the applicant's record or
    22  supporting documentation; (b) such crime directly resulted  in  personal
    23  physical  injury  to or the exacerbation of a preexisting disability, or
    24  condition, or death of, the victim[,];  and  (c)  either:  (i)  criminal
    25  justice  agency  records show that such crime was [promptly] reported to
    26  the proper authorities[; and in no case may an award be made  where  the
    27  criminal justice agency records show that such report was made more than
    28  one  week after the occurrence of such crime unless the office, for good
    29  cause shown, finds the delay to have been justified. Notwithstanding the
    30  foregoing provisions of this subdivision, in cases involving an  alleged
    31  sex  offense as contained in article one hundred thirty of the penal law
    32  or incest as defined in section 255.25, 255.26 or 255.27  of  the  penal
    33  law  or  labor trafficking as defined in section 135.35 of the penal law
    34  or sex trafficking as defined in sections 230.34  and  230.34-a  of  the
    35  penal  law  or an offense chargeable as a family offense as described in
    36  section eight hundred twelve of the family court act or  section  530.11
    37  of  the  criminal procedure law, the criminal justice agency report need
    38  only be made] within a  reasonable  time  considering  all  the  circum-
    39  stances, including the victim's physical, emotional and mental condition
    40  and  family situation[.]; or (ii) evidence is provided to show that such
    41  crime occurred. Such evidence shall include, but is not limited to,  one
    42  or more of the following:
    43    (A)  a written statement provided by a city or state-contracted victim
    44  services provider who has provided services to the victim of the  crime,
    45  or  other  eligible claimants as identified in section six hundred twen-
    46  ty-four of this article, in response to the  impact  of  the  qualifying
    47  crime; or
    48    (B)  a  temporary  or  permanent restraining order or protective order
    49  issued by a court to protect or separate the victim, or  other  eligible
    50  claimants as identified in section six hundred twenty-four of this arti-
    51  cle, from the person who is responsible for the qualifying crime.
    52    For  the purposes of this subdivision, "criminal justice agency" shall
    53  include, but not be limited to, a police department, a  district  attor-
    54  ney's  office,  and  any other governmental agency having responsibility
    55  for the enforcement of the criminal laws of the state provided, however,
    56  that in cases involving such sex offense or family  offense  a  criminal
        S. 214--A                           3
 
     1  justice  agency  shall  also  mean a family court, a governmental agency
     2  responsible for child and/or adult protective services pursuant to title
     3  six of article six of the social services law and/or title one of  arti-
     4  cle  nine-B  of the social services law, and any medical facility estab-
     5  lished under the laws of the state that  provides  a  forensic  physical
     6  examination for victims of rape and sexual assault.
     7    § 5. Subdivision 4 of section 625 of the executive law, as amended  by
     8  section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
     9  read as follows:
    10    4.  Upon  the  filing  of a claim pursuant to this article, the office
    11  shall promptly notify the district attorney of the  county  wherein  the
    12  crime  is  alleged  to have occurred.  Except in cases where the alleged
    13  crime was not reported to a criminal justice  agency,  as  indicated  in
    14  subdivision  one  of section six hundred thirty-one of this article. If,
    15  within ten days after such notification, such district attorney  advises
    16  the  office that a criminal prosecution is pending upon the same alleged
    17  crime and requests that action by the office  be  deferred,  the  office
    18  shall  defer  all proceedings under this article until such time as such
    19  criminal prosecution  has  been  concluded  and  shall  so  notify  such
    20  district  attorney  and the claimant. When such criminal prosecution has
    21  been concluded, such district attorney  shall  promptly  so  notify  the
    22  office.  Nothing in this section shall limit the authority of the office
    23  to grant emergency awards pursuant to section six hundred thirty of this
    24  article.
    25    § 6. Subdivision 1 of section 633 of the executive law, as amended  by
    26  section  25 of part A-1 of chapter 56 of the laws of 2010, is amended to
    27  read as follows:
    28    1. Records maintained by the office  and  proceedings  by  the  office
    29  based  thereon  regarding  a  claim  submitted by a victim or a claimant
    30  shall be deemed confidential and shall not be shared with any government
    31  or private entity, with the following exceptions:
    32    (a) requests for  information  based  [upon]  on  legitimate  criminal
    33  justice  purposes  as  determined  by the agency, provided that, in such
    34  case, the office shall furnish only that portion of the information that
    35  is legally required;
    36    (b) judicial subpoenas;
    37    (c) requests for information by the victim or claimant or his  or  her
    38  authorized representative; or
    39    (d)  for  purposes necessary and proper for the administration of this
    40  article.
    41    § 7. This act shall take effect one year after it shall have become  a
    42  law.