Requires the office of victim services to publicize programs offered by the office and to include certain information in annual reports to the governor and the legislature and to make such reports public on the office's website.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5443B
SPONSOR: Chandler-Waterman TITLE OF BILL:
An act to amend the executive law, in relation to reports and awards by
the office of victim services
PURPOSE:
To expand access to and facilitate equitable administration of New York
victim compensation funds by requiring public reporting on program
performance; Increasing program outreach; adjusting compensation payor-
of-last resort obligations; and eliminating contributory conduct assess-
ments from claim decisions.
SUMMARY OF PROVISIONS:
Section 1 establishes the short title as the "survivors first act".
Section 2 creates a new subdivision 18-a of section 623 of the executive
law by clarifying the Office of Victim Services' statutory obligation to
distribute information to criminal justice agencies, hospitals and other
appropriate locations concerning the existence of state compensation
benefits.
Section 3 amends subdivision 20 of section 623 of the Executive Law to
require the Office of Victim Services to disclose specific content and
data regarding the funding of crime victim service programs, victim
compensation, performance measures, victimization reporting, and publi-
cization of victim compensation benefits.
Section 4 amends subdivision 1 and 1-a of section 625-a of the Executive
Law to establish an outreach plan by the Office of Victim services to
every support or reporting agency for survivors of crime.
Section 5 amends subdivision 4 of section 631 of the Executive Law by
providing the Office of Victim Services the discretion to disregard
certain collateral sources, such as private insurance, that are not
federal or federally financed state and local programs. Additionally,
Section 2 eliminates private donations as a collateral source that the
Office of Victim Services may consider when determining the amount of a
victim compensation award. This section also amends subdivision 5 to
eliminate the requirement that the Office of Victim Services determine
whether a victim of crime contributed to the infliction of their own
injury.
Section 6 establishes the effective date
JUSTIFICATION:
In 1984, Congress established the Victims of Crime Act (VOCA) to provide
federal oversight and support to state-administered victim compensation
programs. Under VOCA, the Department of Justice's Office for Victims of
Crime (DOJ OVC) was created to administer the Crime Victims Fund, which
consists of dollars collected via fines, fees, and settlement agreements
associated with federal crimes. A significant percentage of these funds
directly compensates crime victims for their financial losses resulting
from victimization, such ss medical and counseling expenses, lost wages,
and temporary housing. Victims and survivors of crime must satisfy
eligibility criteria that vary across the states, but generally there
are a few core requirements: (1) physical injury; (2) reporting of the
crime; (3) a lack of direct or contributory involvement in the subject
crime; and (4) the absence of collateral sources that might otherwise
compensate for victim and survivor expenses.
Though victim compensation programs are intended, to assist in the prac-
tical consequences of victimization, current statutory and regulatory
regimes do not adequately meet the needs of victims. For example, only
one in five crime survivors is aware that post-victimization funds
exist, according to the National Alliance of Trauma Recovery Centers.
Further, only one in twelve crime survivors actually receive compen-
sation to recover from their victimization, according to the Alliance or
Safety and Justice. This overwhelming lack of awareness and access to
victim compensation strongly indicates that program promotion has not
been prioritized.
These statutory and regulatory inadequacies are worsened by substantive
contributory conduct provisions that force programs to assess a victim's
behavior before and during their victimization. Contributory conduct
assessments follow an opaque process and are often subjective in nature,
informed by the biases of different actors throughout the criminal
justice system. According to the Associated Press, for instance, Black
applicants in the State of New York are more likely to be denied under
the logic that their own behavior provoked victimization. Indeed, when a
crime survivor is denied pursuant to contributory conduct in New York,
the victim is told that they are not an "innocent victim of crime" and
therefore cannot be eligible for compensation. Conspicuously, there is
no federal victim compensation provision that mandate such contributory
conduct assessments. The Governor and legislature recognized this issue
in the 2024-2025 enacted budget, when they removed the contributory
conduct provision from the law for victims of homicide. This bill goes
further and eliminates the provision for all crime victims.
Federal law, however, does require state victim compensation programs to
be the "payor-of-last resort," meaning federal and federally financed
state programs must be considered collateral sources where they would
otherwise cover expenses eligible for state compensation. Despite
VOCA's specific prescription on collateral sources, some compensation
programs take an expansive view of the payor-of-last resort obligation,
extending their consideration of collateral sources to include private
donations and crowdfunding. DOJ OVC in particular has issued clarifying
guidance that discusses the unfairness of using crowdfunding for collat-
eral source assessments, noting that consideration of such private
donations is functionally similar to means testing, which VOCA does not
require. DOJ OVC further added that crowdfunding campaigns are frequent-
ly not controlled by the benefitting victims and survivors, nor are they
always organized to pay for expenses that victim compensation would
cover. Federal law is therefore more permissive on the payor-of-last
resort obligations that it imposes as a condition of receiving compen-
sation funding from DOJ OVC. Accordingly, this bill would reconcile New
York's compensation statute with the more limited requirements of feder-
al law and eliminate consideration of private donations as a collateral
source.
AMENDED VERSION:
The amended version of this bill establishes the short-title, removes
the provision that increases the burial cap because of the changes in
the 2024-2025 enacted budget that achieved this goal, expands on report-
ing requirements, establishes an outreach plan for OVS, and clarifies
the provision that eliminates contributory conduct as a mechanism to
reduce victim compensation.
LEGISLATIVE HISTORY:
Assembly
2025: A5443A (Chandler-Waterman)- Referred to Government Operations,
Reported to Rules
FISCAL IMPLICATTONS:
TBD
EFFECTIVE DATE:
120 days after becoming law
STATE OF NEW YORK
________________________________________________________________________
5443--B
2025-2026 Regular Sessions
IN ASSEMBLY
February 14, 2025
___________
Introduced by M. of A. CHANDLER-WATERMAN, MEEKS, LUCAS, FORREST,
BURROUGHS, SIMONE -- read once and referred to the Committee on
Governmental Operations -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Governmental Operations in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to reports and awards by
the office of victim services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "survivors first act".
3 § 2. Section 623 of the executive law is amended by adding a new
4 subdivision 18-a to read as follows:
5 18-a. To publicize through the office, state, county, and municipal
6 criminal justice agencies, statewide coalitions, victim service provid-
7 ers, survivor support agencies, hospitals, medical, mental health or
8 other counseling service providers, local programs for crime victims,
9 and other public or private agencies, the existence of the programs
10 funded by the office, including the procedures for obtaining compen-
11 sation from the office as defined in section six hundred twenty-five-a
12 of this article.
13 § 3. Subdivision 20 of section 623 of the executive law, as amended by
14 chapter 489 of the laws of 2014, is amended to read as follows:
15 20. To render [each year] annually to the governor [and], to the
16 legislature, and to the public via the office's website, on or before
17 December first of each year, a written report on the office's activities
18 including, but not limited to, specific information on each of the
19 subdivisions of this section. [Such]
20 (a) The annual report shall also include but not be limited to infor-
21 mation regarding crime victim service programs, including:
22 [(1)] (i) the programs funded by the office;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08947-08-6
A. 5443--B 2
1 [(2)] (ii) other sources of funding for crime victims service
2 programs;
3 [(3)] (iii) an assessment of the adequacy of the current level of
4 appropriation to the office to meet the reasonable needs of crime
5 victims service programs for funding under section six hundred thirty-
6 one-a of this article; and
7 [(4)] (iv) an estimate of the reasonable needs of programs in the next
8 fiscal year.
9 (b) The annual report shall also include but not be limited to infor-
10 mation regarding the office's performance measures, including:
11 (i) the number of claim applications filed with the office;
12 (ii) the number of claims accepted, including disaggregated data
13 denoting the claims accepted by type, for eligibility determinations;
14 (iii) the number of claims rejected, including disaggregated data
15 denoting the categorical reasons for claims rejected;
16 (iv) the number of claims resulting in no award decisions, including
17 disaggregated data denoting the categorical reasons for no award deci-
18 sions;
19 (v) the number of claims awarded, including disaggregated data denot-
20 ing the claim type for claims awarded;
21 (vi) anonymized data denoting the race, gender, age, sexual orien-
22 tation, and county of residence for claim applications filed, claims
23 accepted, claims rejected, claims resulting in no award decisions, and
24 claims awarded;
25 (vii) anonymized data denoting the crime involved in claim applica-
26 tions filed, claims accepted, claims rejected, claims resulting in no
27 award decisions, and claims awarded; and
28 (viii) the average time between the office receiving an application,
29 the determination of eligibility, and the first award to the victim.
30 (c) After December thirty-first, two thousand twenty-five, pursuant to
31 paragraph (a) of subdivision one of section six hundred thirty-one, the
32 annual report shall also include but not be limited to information
33 regarding the records indicating the commission of a crime, including:
34 (i) the number of claims using the records of a support agency for
35 survivors of crime, including disaggregated data denoting the categori-
36 cal type of support agency for survivors of crime; and
37 (ii) the number of claims using the records of a criminal justice
38 agency, including disaggregated data denoting the categorical type of
39 criminal justice agency.
40 (d) The annual report shall also include but not be limited to infor-
41 mation regarding the office's performance of the duty of publicization
42 pursuant to subdivision eighteen-a of this section.
43 § 4. Subdivisions 1 and 1-a of section 625-a of the executive law,
44 subdivision 1 as amended by section 15 of part A-1 of chapter 56 of the
45 laws of 2010, and subdivision 1-a as added by chapter 416 of the laws of
46 1979, are amended to read as follows:
47 1. [Every] The office shall supply informative booklets, pamphlets and
48 other pertinent written information, including information cards, to
49 every police station, precinct house, support agency for survivors of
50 crime as defined in paragraph (c) of subdivision one of section six
51 hundred thirty-one of this article after December thirty-first, two
52 thousand twenty-five, any appropriate location where a crime may be
53 reported and any location required by the rules and regulations of the
54 office [shall have available informative booklets, pamphlets and other
55 pertinent written information, including information cards, to be
56 supplied by the office], relating to the availability of crime victims
A. 5443--B 3
1 compensation including all necessary application blanks required to be
2 filed with the office [and shall display prominently], and to supply
3 posters giving notification of the existence and general provisions of
4 this article, those provisions of the penal law that prohibit the intim-
5 idation of crime victims and the location of the nearest crime victim
6 service program. The office [may issue] shall promulgate rules and regu-
7 lations for the effective implementation of such outreach plan, which
8 shall include guidelines for the [location of such] prominent display
9 [and shall provide] of such notification posters[, application forms,
10 information cards and general information]. Every [victim who reports a
11 crime in any manner whatsoever] appropriate location where a crime may
12 be reported shall be [given] included in the outreach plan, which shall
13 provide such appropriate locations with instructions regarding notice
14 about the rights of crime victims and the existence of all relevant
15 local victim's assistance programs and services pursuant to section six
16 hundred twenty-five-b of this article, and [supplied by the person
17 receiving the report with information,] the distribution of application
18 blanks[,] and information cards which shall clearly state: (a) that
19 crime victims may be eligible for state compensation benefits; (b) the
20 address and phone number of the office; (c) that police and district
21 attorneys can help protect victims against harassment and intimidation;
22 (d) the addresses and phone numbers of local victim service programs,
23 where appropriate, or space for inserting that information; or (e) any
24 other information the office deems appropriate. Such cards shall be
25 printed and distributed by the office and shall be designed by the
26 office in consultation with local police[, and shall be printed and
27 distributed by the office]. The office shall develop a system for
28 distributing a sufficient supply of the information cards referred to in
29 this subdivision, to all the appropriate designated locations, which
30 shall include a schedule for meeting that requirement.
31 1-a. [Every] The office shall supply posters giving notification of
32 the existence and general provisions of this article, application
33 blanks, and general information to every general hospital established
34 under the laws of this state[, which] that maintains facilities for
35 providing out-patient emergency medical care, and each such hospital
36 shall display the posters prominently in its emergency room [posters
37 giving notification of the existence and general provisions of this
38 chapter]. The [board may issue guidelines] office shall promulgate
39 rules and regulations for the [location of such display and shall
40 provide posters, application forms and general information regarding the
41 provision of] effective implementation of this [chapter to each such
42 hospital] subdivision.
43 § 5. Subdivisions 4 and 5 of section 631 of the executive law, subdi-
44 vision 4 as amended by section 22 of part A-1 of chapter 56 of the laws
45 of 2010 and subdivision 5 as amended by section 2 of part G of chapter
46 55 of the laws of 2025, are amended to read as follows:
47 4. (a) Any award made pursuant to this article shall be reduced by the
48 amount of any payments received or to be received by the claimant as a
49 result of the injury from federal or federally financed state and local
50 programs.
51 (b) Any award made pursuant to this article [shall] may be reduced by
52 the amount of any payments received or to be received by the claimant as
53 a result of the injury [(a)] (i) from or on behalf of the person who
54 committed the crime, [(b)] (ii) under insurance programs mandated by
55 law, [(c)] (iii) from public funds, [(d)] (iv) under any contract of
56 insurance wherein the claimant is the insured or beneficiary, [(e)] (v)
A. 5443--B 4
1 as an emergency award pursuant to section six hundred thirty of this
2 article.
3 (c) Notwithstanding the [foregoing] provisions of paragraphs (a) and
4 (b) of this subdivision, where the person injured is a livery operator
5 victim, because undue hardship may result to the claimant if immediate
6 payment is not made, any award pursuant to paragraphs (f) and (g) of
7 subdivision one of section six hundred twenty-seven of this article
8 shall be granted without reduction for workers' compensation benefits to
9 be received, if any.
10 (d) Notwithstanding the provisions of paragraphs (a) and (b) of this
11 subdivision, any award made pursuant to this article shall not be
12 reduced by the amount of any payments received or to be received by the
13 claimant as a result of private donations, including but not limited to
14 funds raised through crowdfunding platforms.
15 5. (a) [Except as provided in paragraph (g) of this subdivision, in
16 determining the amount of an award, the office shall determine whether,
17 because of such victim's conduct, the victim of such crime contributed
18 to the infliction of such victim's injury, and the office shall reduce
19 the amount of the award or reject the claim altogether, in accordance
20 with such determination.
21 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
22 sion, the office shall disregard for this purpose the responsibility of
23 the victim for such victim's own injury where the record shows that the
24 person injured was acting as a good samaritan, as defined in this arti-
25 cle.
26 (c)] Notwithstanding any inconsistent provision of this article, where
27 the person injured acted as a good samaritan, the office may, without
28 regard to the financial difficulty of the claimant, make an award for
29 out-of-pocket losses. Such award may also include compensation for any
30 loss of property up to five thousand dollars suffered by the victim
31 during the course of such victim's actions as a good samaritan.
32 [(d)] (b) Notwithstanding any inconsistent provision of this article,
33 where a person acted as a good samaritan, and was killed as a direct
34 result of the crime, the office may, without regard to the financial
35 difficulty of the claimant, make a lump sum award to such claimant for
36 actual loss of support not to exceed thirty thousand dollars.
37 [(e)] (c) Notwithstanding any inconsistent provision of this article,
38 where a police officer or firefighter, both paid and volunteer, dies
39 from injuries received in the line of duty as a direct result of a
40 crime, the office may, without regard to the financial difficulty of the
41 claimant, make an award for the unreimbursed counseling expenses of the
42 eligible spouse, domestic partner, parents, siblings or children of such
43 victim, and/or the reasonable burial expenses incurred by the claimant.
44 [(f) Notwithstanding the provisions of paragraph (a) of this subdivi-
45 sion, the office shall disregard for this purpose the responsibility of
46 the victim for such victim's own loss of savings.
47 (g) Notwithstanding the provisions of paragraph (a) of this subdivi-
48 sion, when determining a claim made by a person eligible under paragraph
49 (b), (c) or (d) of subdivision one of section six hundred twenty-four of
50 this article, if the crime upon which the claim is based resulted in the
51 death of the victim, the office shall not consider whether, because of
52 their conduct, the victim of such crime contributed to their death.]
53 § 6. This act shall take effect on the one hundred twentieth day after
54 it shall have become a law.
