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S05443 Summary:

S05443 Actions:

S05443 Committee Votes:

S05443 Floor Votes:

S05443 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5443
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       May 1, 2019
                                       ___________
 
        Introduced  by  Sen.  PERSAUD  --  (at  request  of the Office of Victim
          Services) -- read twice and ordered printed, and when  printed  to  be
          committed to the Committee on Crime Victims, Crime and Correction
 
        AN  ACT AN ACT to amend the executive law, in relation to the reimburse-
          ment of employment-related transportation expenses  necessary  as  the
          result of a crime
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 621 of the executive law is amended by adding a new
     2  subdivision 25 to read as follows:
     3    25. "Employment-related transportation expenses" shall mean the  costs
     4  in  excess  of  those  normally  expended by a victim to get to and from
     5  their places of  employment,  due  to  the  personal  physical  injuries
     6  sustained as a direct result of the crime upon which the claim is based.
     7  If  required  by law, such places of employment shall be reported to the
     8  appropriate taxing authority. Such costs shall not include the purchase,
     9  lease or rental of a vehicle.
    10    § 2. Subdivision 2 of section 631 of the executive law, as amended  by
    11  chapter 494 of the laws of 2018, is amended to read as follows:
    12    2.  Any  award made pursuant to this article shall be in an amount not
    13  exceeding  out-of-pocket  expenses,  including  indebtedness  reasonably
    14  incurred  for  medical  or  other  services necessary as a result of the
    15  injury upon which the claim  is  based;  loss  of  earnings  or  support
    16  resulting  from  such injury not to exceed thirty thousand dollars; loss
    17  of savings not to exceed thirty thousand dollars;  burial  expenses  not
    18  exceeding six thousand dollars of a victim who died on or after November
    19  first,  nineteen  ninety-six as a direct result of a crime; the costs of
    20  crime scene cleanup and securing of a crime scene not exceeding  twenty-
    21  five hundred dollars; reasonable relocation expenses not exceeding twen-
    22  ty-five  hundred  dollars;  reasonable employment-related transportation
    23  expenses, not exceeding twenty-five hundred dollars and the unreimbursed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09239-01-9
        S. 5443                             2
 
     1  cost of repair or replacement of articles of essential personal property
     2  lost, damaged or destroyed as a direct result of the crime. An award for
     3  loss of earnings shall include earnings lost by a parent or guardian  as
     4  a result of the hospitalization of a child victim under age eighteen for
     5  injuries  sustained  as  a  direct result of a crime. In addition to the
     6  medical or other services necessary as a result of the injury upon which
     7  the claim is based, an award may be made for rehabilitative occupational
     8  training for the purpose of job retraining or similar employment-orient-
     9  ed rehabilitative services based upon the claimant's medical and employ-
    10  ment history. For the purpose of this subdivision, rehabilitative  occu-
    11  pational  training  shall  include  but  not  be  limited to educational
    12  training and expenses. An award for rehabilitative occupational training
    13  may be made to a victim, or to a family member of a victim where  neces-
    14  sary  as  a  direct  result  of a crime. An award for employment-related
    15  transportation expenses shall be limited to the  time  period  necessary
    16  due  to  the  personal physical injuries sustained as a direct result of
    17  the crime upon which the claim is based, as determined  by  the  medical
    18  information collected during the investigation of the claim.
    19    § 3. This act shall take effect on the one hundred eightieth day after
    20  it  shall have become law; provided, however, that if chapter 494 of the
    21  laws of 2018 shall not have taken effect on or  before  such  date  then
    22  section  two  of  this act shall take effect on the same date and in the
    23  same manner as such chapter of the laws of 2018 takes effect.