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S07992 Summary:
BILL NO | S07992 |
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SAME AS | SAME AS A11016 |
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SPONSOR | GALLIVAN |
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COSPNSR | |
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MLTSPNSR | |
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Amd §§630, 631 & 634, Exec L; amd §103, SCPA | |
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Relates to the award of burial expenses by the office of victim services; permits emergency awards for burial expenses in cases of undue hardship. |
S07992 Actions:
BILL NO | S07992 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/16/2018 | REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION | |||||||||||||||||||||||||||||||||||||||||||||||||
05/09/2018 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/30/2018 | 1ST REPORT CAL.1375 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2018 | 2ND REPORT CAL. | |||||||||||||||||||||||||||||||||||||||||||||||||
06/04/2018 | ADVANCED TO THIRD READING | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/11/2018 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | substituted for a11016 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | ordered to third reading rules cal.236 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/18/2018 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
12/18/2018 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
12/28/2018 | SIGNED CHAP.494 |
S07992 Committee Votes:
Go to topS07992 Floor Votes:
Yes
Abbate
Yes
Cook
Yes
Garbarino
Yes
Lupardo
Yes
Pellegrino
Yes
Stec
Yes
Abinanti
Yes
Crespo
Yes
Giglio
Yes
Magee
Yes
Peoples-Stokes
Yes
Steck
Yes
Arroyo
Yes
Crouch
Yes
Glick
Yes
Magnarelli
Yes
Perry
Yes
Stern
Yes
Ashby
Yes
Curran
Yes
Goodell
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
Yes
Aubry
Yes
Cusick
Yes
Gottfried
Yes
McDonald
Yes
Pichardo
Yes
Tague
Yes
Barclay
Yes
Cymbrowitz
Yes
Gunther
Yes
McDonough
Yes
Pretlow
Yes
Taylor
Yes
Barnwell
ER
Davila
Yes
Hawley
Yes
Mikulin
Yes
Quart
Yes
Thiele
Yes
Barrett
Yes
De La Rosa
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titone
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Titus
Yes
Benedetto
Yes
Dickens
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Vanel
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Montesano
ER
Richardson
ER
Walker
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Wallace
Yes
Blankenbush
Yes
DiPietro
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walsh
Yes
Bohen
Yes
D'Urso
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Walter
Yes
Brabenec
Yes
Englebright
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weinstein
Yes
Braunstein
Yes
Epstein
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Weprin
ER
Brindisi
Yes
Errigo
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Williams
Yes
Bronson
Yes
Espinal
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Woerner
Yes
Buchwald
Yes
Fahy
ER
Kim
Yes
Oaks
Yes
Schimminger
Yes
Wright
Yes
Butler
Yes
Fernandez
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Zebrowski
Yes
Byrne
Yes
Finch
Yes
Lalor
Yes
Ortiz
Yes
Simon
Yes
Mr. Speaker
Yes
Cahill
Yes
Fitzpatrick
ER
Lavine
Yes
Otis
Yes
Simotas
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palmesano
Yes
Skoufis
Yes
Castorina
Yes
Galef
Yes
Lentol
Yes
Palumbo
Yes
Smith
Yes
Colton
ER
Gantt
Yes
Lifton
Yes
Paulin
Yes
Solages
‡ Indicates voting via videoconference
S07992 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7992 IN SENATE March 16, 2018 ___________ Introduced by Sen. GALLIVAN -- (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 to amend the executive law and the surrogate's court procedure act, in relation to burial expenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 630 of the executive law, as 2 amended by section 21 of part A1 of chapter 56 of the laws of 2010, is 3 amended to read as follows: 4 2. Notwithstanding the provisions of [section six hundred twenty-seven5of this article, local crime victim service programs shall be authorized6to provide emergency awards to crime victims for essential personal7property, medical treatment, shelter costs, security services, coun-8seling and transportation the total amount of such emergency awards not9to exceed five hundred dollars. These programs shall be reimbursed by10the office, pursuant to the provisions of this article, if it is subse-11quently determined that the victim is an eligible claimant. Local crime12victim service programs shall be authorized to establish special13accounts for this purpose. The office shall initiate a program to assist14local crime victim service programs in establishing special accounts to15provide emergency awards, within amounts designated for that purpose.] 16 subdivision one of this section, if the crime upon which the claim is 17 based resulted in the death of the victim, and it appears to the office 18 that such claim is one with respect to which an award probably will be 19 made, and undue hardship will result to the claimant if immediate 20 payment is not made, the office may make one or more emergency awards to 21 the claimant for reasonable burial expenses pending a final decision of 22 the office or payment of an award in the case; provided, however, that 23 the total amount of an emergency award or awards for reasonable burial 24 expenses shall not exceed three thousand dollars. The amount of such 25 emergency award or awards shall be deducted from any final award made to 26 the claimant, and the excess of the amount of any such award or awards 27 over the amount of the final award, of the full amount of an emergency EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14379-02-8S. 7992 2 1 award or awards if no final award is made, shall be repaid by the claim- 2 ant to the office. 3 § 2. Subdivision 2 of section 631 of the executive law, as amended by 4 section 3 of part H of chapter 55 of the laws of 2017, is amended to 5 read as follows: 6 2. Any award made pursuant to this article shall be in an amount not 7 exceeding out-of-pocket expenses, including indebtedness reasonably 8 incurred for medical or other services necessary as a result of the 9 injury upon which the claim is based; loss of earnings or support 10 resulting from such injury not to exceed thirty thousand dollars; loss 11 of savings not to exceed thirty thousand dollars; burial expenses not 12 exceeding six thousand dollars of a victim who died on or after November 13 first, nineteen ninety-six as a direct result of a crime; the costs of 14 crime scene cleanup and securing of a crime scene not exceeding twenty- 15 five hundred dollars; reasonable relocation expenses not exceeding twen- 16 ty-five hundred dollars; and the unreimbursed cost of repair or replace- 17 ment of articles of essential personal property lost, damaged or 18 destroyed as a direct result of the crime. An award for loss of earnings 19 shall include earnings lost by a parent or guardian as a result of the 20 hospitalization of a child victim under age eighteen for injuries 21 sustained as a direct result of a crime. In addition to the medical or 22 other services necessary as a result of the injury upon which the claim 23 is based, an award may be made for rehabilitative occupational training 24 for the purpose of job retraining or similar employment-oriented rehabi- 25 litative services based upon the claimant's medical and employment 26 history. For the purpose of this subdivision, rehabilitative occupa- 27 tional training shall include but not be limited to educational training 28 and expenses. An award for rehabilitative occupational training may be 29 made to a victim, or to a family member of a victim where necessary as a 30 direct result of a crime. 31 § 3. Subdivision 5 of section 631 of the executive law is amended by 32 adding a new paragraph (g) to read as follows: 33 (g) Notwithstanding the provisions of paragraph (a) of this subdivi- 34 sion, if the crime upon which the claim is based resulted in the death 35 of the victim, the office shall determine whether, because of his or her 36 conduct, the victim of such crime contributed to the infliction of his 37 or her injury, and the office may reduce the amount of the award by no 38 more than fifty percent, in accordance with such determination. 39 § 4. Section 634 of the executive law is amended by adding a new 40 subdivision 2-a to read as follows: 41 2-a. To the extent the office has made an award pursuant to this arti- 42 cle for burial expenses, such amount shall be considered among reason- 43 able funeral expenses of the decedent pursuant to subdivision one of 44 section eighteen hundred eleven of the surrogate's court procedure act, 45 to be recovered by the office, provided, however, that if a beneficiary 46 of the victim's estate is also a person eligible to receive an award 47 pursuant to section six hundred twenty-four of this article, the office 48 shall recover such amounts pursuant to subdivision two of this section 49 to the extent an award has been made to such person, prior to pursuing 50 recovery from the victim's estate. Any recovery from a victim's estate 51 under this subdivision shall reduce the state's lien under this section 52 to the extent of the recovery by the office. 53 § 5. Subdivision 22 of section 103 of the surrogate's court procedure 54 act, as amended by chapter 503 of the laws of 1980, is amended to read 55 as follows:S. 7992 3 1 22. Funeral expense. Includes reasonable expense of a funeral, suit- 2 able church or other services as an integral part thereof, expense of 3 interment or other disposition of the body, a burial lot and suitable 4 monumental work thereon and a reasonable expenditure for perpetual care 5 of a burial lot of the decedent. For the purpose of subdivision one of 6 section eighteen hundred eleven of this act, funeral expense shall also 7 include burial expenses awarded pursuant to article twenty-two of the 8 executive law. 9 § 6. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law and shall apply to all claims filed on or 11 after such effective date.