Expands 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 qualifying crime was committed and the confidentiality of certain records.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2105A
SPONSOR: Meeks TITLE OF BILL:
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, provid-
ing alternative forms of evidence that would show that a qualifying
crime was committed and the confidentiality of certain records
PURPOSE:
To expand eligibility for victims and survivors of crime to access
victim compensation funds by removing the mandatory law enforcement
reporting requirement and providing alternative forms of evidence that
would show that a qualifying crime occurred.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (a) of subdivision 3 of section 621 of the
Executive Law by clarifying that an illegal act may still constitute
a-crime regardless of whether any suspect was arrested, charged, appre-
hended or prosecuted or whether the claimant has interacted with a crim-
inal justice agency investigating such act.
Section 2 amends subdivision 2 of section 625 of the Executive Law by
increasing the time a crime victim may-file a victim compensation claim
with the Office of Victim Services from one year to three years.
Section 3 amends paragraph (c) of subdivision 1 of section 627 of the
Executive Law by including the arrest and charging of the alleged crimi-
nal in the list of actions that are irrelevant to the' matter of inves-
tigating and determining claims.
Section 4 amends subdivision 1 of section 631 of the Executive Law by
removing the requirement that a crime be reported to a law enforcement
agency "promptly" and within one week of the occurrence of the crime.
Rather, a crime may be 'reported: "within a reasonable time considering
all the circumstances, including the victim's physical, emotional and
mental condition and family situation." Additionally, section 4
provides alternatives to the law enforcement reporting requirement by
allowing for certain evidence to be provided to show that a qualifying
crime has occurred. Such alternatives include (i) a written statement
from a city or state-contracted victim services provider or (ii) a
temporary or permanent order of protection.
Section 5 provides a technical conforming change to state that the
office must promptly notify the district attorney of the county where
the crime is alleged to have occurred except in cases where the crime
was not reported to a criminal justice agency.
Section 6 provides that records and information maintained by the office
regarding a victim's compensation claim is confidential and cannot be
shared with any other government or private entity barring a few
exceptions.
Section 7 provides that this act shall take effect one year after it
shall have become law.
JUSTIFICATION:
In 1984, Congress established the Victims of Crime Act (VOCA) to provide
federal oversight and support to state-administered victims compensation
programs. Under VOCA, the Office of Victims of Crime was created to
administer the Crime Victim's fund consisting of dollars collected from
fines and fees associated with federal crimes. These funds compensate
crime victims and survivors for costs associated with their ordeal like
hospital bills, burial expenses, temporary housing, or replacement
locks. Compensation eligibility criteria varies. across states, but
general requirements include: (1) a showing of physical injury; (2)
reporting the crime to law enforcement; (3) not being involved in the
reported crime; (4) applying within a required time period; and (5)
mandated cooperation with law enforcement and prosecutors in the inves-
tigation of such crime.
Critics of victim compensation programs argue that they are largely
symbolic, as the most vulnerable individuals are not usually the benefi-
ciary. Most programs suffer from rampant race and class inequality,
where white women above the age of 55 living in non-urban areas with
incomes greater than $75,000 a year are the largest recipients of
services despite black men under the age of 35 living in urban areas'
with annual incomes below $25,000 experiencing the highest rates of
victimization. Mandatory reporting of crimes and interaction with law
enforcement, limited reporting timeframes, reduction or elimination of
reward funds due to contributory conduct or prior convictions, the
requirement of having visible physical injury, and lack of public aware-
ness are just some of the factors perpetuating this inequality.
Often, crime victims and survivors are reluctant to report their experi-
ences due to fear of retaliation, distrust of law enforcement, or the
potential relationship dynamics between the victim and perpetrator,
among other significant reasons. According to the U.S. Department of
Justice Bureau of Justice Statistics (DOJ BJS) 2019 National Crime
Victimization Survey (NCVS), approximately 5,813,410 people were the
victims of violent crimes but only about 3,429,912 (-59%) of those inci-
dents were reported to law enforcement. NCVS also reported that only
7.7% of victims received compensatory funds. This data suggests that
more than 90% of victims and survivors of violent crimes have a low
likelihood of receiving necessary services or support due to non-report-
ing. Federal crimes do not have a mandatory reporting policy or a defin-
itive time frame for filing a compensation claim. This bill reconciles
New York State's victim's compensation fund requirements with its feder-
al counterpart by eliminating onerous reporting mandates and expanding
eligibility.
LEGISLATIVE HISTORY:
S7573A of 2021-22: Referred to Crime Victims, Crime and Correction
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect one year after it shall have become law.
