New York State Assembly

 
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A07051 Summary:

A07051 Actions:

A07051 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Titus      
DATE:04/09/2019AYE/NAY:13/0  Action: Favorable refer to committee Codes        
Titus
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Glick
Aye
Lalor
Excused
Kim
Aye
Byrne
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye

Committee:CODES   Chair:Lentol      
DATE:04/09/2019AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:04/09/2019AYE/NAY:32/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Excused
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Gottfried      
DATE:04/09/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A07051 Floor Votes:

A07051 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7051
 
SPONSOR: Burke

 
TITLE OF BILL:  An act to amend the executive law, in relation to the
definition of "child victims" and to awards for certain child victims
 
 
PURPOSE OF THE BILL:
 
The purpose of this measure is to expand the definition of "child
victim" to include victims less than 18 years old, who suffer physical,
mental or emotional injury, loss or damage as a result of any violation
enumerated in Article 22 of the Executive Law - committed against, or
witnessed by such child.
 
 
SUMMARY OF PROVISIONS:

Section one would amend subdivision 11 of section 621 of the Executive
Law, expanding the definition of "child victim" to include any
violations enumerated in subdivision 12 of section 631 of the Executive
Law.
 
Section two would amend subdivision 17 of section 631 of the Executive
Law, to include any violation enumerated in subdivision 12 of section
631 of the Executive Law committed against, or witnessed by a non-in-
jured child victim, so that such victim would be eligible for certain,
reimbursable expenses.
 
Section three is the effective date.
 
 
JUSTIFICATION:
 
Under current law, to be eligible for reimbursement for crime-related
expenses, one must be a victim of a crime (i.e., a misdemeanor or felo-
ny) unless otherwise stated. The current definition of "child victim"
states that they be a victim of, or witness a crime (to the exclusion of
any violation).
 
Current law contains internal conflicts. The statute governing OVS
limits reimbursement for crime-related expenses to victims of a crime
(i.e., a misdemeanor or felony) unless otherwise stated. The current
definition of "child victim," however, states that they be a victim of,
or witness a crime (to the exclusion of any violation).
 
There is currently one violation enumerated in subdivision 12 of section
631 of the Executive Law. A child who is a victim of this enumerated
violation is considered eligible for certain crime-related expenses,
despite the current wording in definition. Though there is no impact on
such victim, this measure would nonetheless resolve that conflict.
  There is a more significant and related conflict, however, which needs
to  be  resolved.  A  child  victim  who simply witnesses this violation
committed against somebody else, e.g., his or he parent,  would  not  be
eligible  - even when his or her parent would be eligible for assistance
from the Office. Though this is a very  specific  set  of  circumstances
which  will  likely result in few claims, such a change would be greatly
beneficial to those who would need the reimbursement.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
FISCAL IMPLICATIONS::
 
This measure would have minimal fiscal impact for the OVS.
 
 
EFFECTIVE DATE:
This  act  shall  take  effect on the one-hundred eightieth day after it
shall have become law and apply to all claims filed  on  or  after  such
effective date.

A07051 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7051
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 4, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  BURKE, TITUS -- (at request of the Office of
          Victim Services) -- read once and referred to the Committee on Govern-
          mental Operations
 
        AN ACT to amend the executive law, in  relation  to  the  definition  of
          "child victims" and to awards for certain child victims

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 11 of section 621  of  the  executive  law,  as
     2  amended  by  chapter  56  of  the  laws  of  1988, is amended to read as
     3  follows:
     4    11. For purposes of this article "child victim" shall  mean  a  person
     5  less  than  eighteen  years  of  age  who  suffers  physical,  mental or
     6  emotional injury, or loss or damage, as a direct result of  a  crime  or
     7  any  violation listed in subdivision twelve of section six hundred thir-
     8  ty-one of this article, or as a result of  witnessing  a  crime  or  any
     9  violation listed in subdivision twelve of section six hundred thirty-one
    10  of this article.
    11    §  2.  Subdivision 17 of section 631 of the executive law, as added by
    12  chapter 272 of the laws of 2009, is amended to read as follows:
    13    17. Notwithstanding the provisions of subdivision one of this section,
    14  where a child victim has not been physically injured as a direct  result
    15  of  a  crime  or  any  violation  listed  in  subdivision twelve of this
    16  section, or has witnessed a crime or any violation listed in subdivision
    17  twelve of this section in which no physical injury occurred, the  claim-
    18  ant  shall  only be eligible for an award that includes the unreimbursed
    19  cost of repair or replacement of  essential  personal  property  of  the
    20  child victim that has been lost, damaged or destroyed as a direct result
    21  of  a  crime  or  any  violation  listed  in  subdivision twelve of this
    22  section, transportation expenses incurred by the claimant for  necessary
    23  court appearances of the child victim in connection with the prosecution
    24  of such crimes, and, if counseling is commenced within one year from the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09237-01-9
        A. 7051                             2
 
     1  date  of  the  incident  or  its discovery, (1) the unreimbursed cost of
     2  counseling provided  to  the  child  victim  on  account  of  mental  or
     3  emotional  stress  resulting from the incident in which the crime or any
     4  violation  listed in subdivision twelve of this section occurred, and/or
     5  (2) the unreimbursed cost of counseling provided to the claimant  eligi-
     6  ble  under paragraph (h) of subdivision one of section six hundred twen-
     7  ty-four of this article and resulting from the  incident  in  which  the
     8  crime  or  any  violation  listed  in subdivision twelve of this section
     9  occurred.
    10    § 3. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.

A07051 LFIN:

 
NO LFIN

A07051 Chamber Video/Transcript: