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S05956 Summary:

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S05956 Committee Votes:

S05956 Floor Votes:

S05956 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5956
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 13, 2015
                                       ___________
 
        Introduced  by  Sen.  GALLIVAN  --  (at request of the Governor) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules
 
        AN  ACT  to amend the executive law in relation to counseling for grand-
          children of homicide victims
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph b of subdivision 1 of section 624 of the execu-
     2  tive law, as amended by chapter 233 of the laws of 2012, is  amended  to
     3  read as follows:
     4    (b)  a  surviving  spouse,  grandparent, parent, stepparent, guardian,
     5  brother, sister,  stepbrother,  stepsister,  child,  [or]  stepchild  or
     6  grandchild  of  a  victim of a crime who died as a direct result of such
     7  crime;
     8    § 2. Subdivision 1 of section 626 of the executive law, as amended  by
     9  section  17 of part A-1 of chapter 56 of the laws of 2010, is amended to
    10  read as follows:
    11    1. Out-of-pocket  loss  shall  mean  unreimbursed  and  unreimbursable
    12  expenses  or  indebtedness reasonably incurred for medical care or other
    13  services necessary as a result of the injury upon which  such  claim  is
    14  based,  including such expenses incurred as a result of the exacerbation
    15  of a pre-existing disability or condition directly  resulting  from  the
    16  crime  or  causally  related to the crime. Such expenses or indebtedness
    17  shall include the cost of counseling for the eligible spouse,  grandpar-
    18  ents,  parents, stepparents, guardians, brothers, sisters, stepbrothers,
    19  stepsisters, children, [or] stepchildren or grandchildren of a  homicide
    20  victim,  and crime victims who have sustained a personal physical injury
    21  as the direct result of a crime and the spouse, children or stepchildren
    22  of such physically injured victim. For the purposes of this subdivision,
    23  the victim of a sex offense as defined in article one hundred thirty  of
    24  the  penal  law is presumed to have suffered physical injury. Such coun-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12021-01-5
        S. 5956                             2
 
     1  seling may be provided by local victim service  programs,  where  avail-
     2  able.  It  shall  also  include  the  cost  of  residing at or utilizing
     3  services provided by shelters for battered spouses and children who  are
     4  eligible  pursuant to subdivision two of section six hundred twenty-four
     5  of this article, and the cost of reasonable attorneys' fees  for  repre-
     6  sentation  before  the  office and/or before the appellate division upon
     7  judicial review not to exceed one thousand dollars.
     8    § 2. This act shall take effect immediately, and apply to  all  claims
     9  filed on or after the date it shall have become a law.