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A02105 Summary:

COSPNSRKelles, Cruz, Taylor, Gonzalez-Rojas, Clark, Simon, Jackson, Jean-Pierre, Gallagher, Hevesi, Zinerman, Darling, Gibbs, Paulin, Fall, De Los Santos, Burgos, Rosenthal L, McMahon, Cunningham, Walker, Stirpe, Anderson, Dickens, Carroll, Weprin, Bichotte Hermelyn, Aubry, Reyes, Lucas, Rivera, Pretlow, Otis, Peoples-Stokes, Kim, Benedetto, Ardila, Bores, Lavine, O'Donnell, Epstein, Raga, Simone, Glick, Steck, Seawright, Forrest, Shrestha, Shimsky, Burdick, Zebrowski, Thiele, Septimo, Zaccaro, Eachus, Fahy, Davila, Tapia, Mitaynes, Conrad, Cook, McDonald, Mamdani, Sillitti, Wallace, Levenberg, Colton, Bronson, Ramos, Lee
Amd §§621, 625, 627, 633 & 631, Exec L
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.
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A02105 Text:

                STATE OF NEW YORK
                               2023-2024 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2023
        Introduced  by  M.  of  A.  MEEKS, KELLES, CRUZ, TAYLOR, GONZALEZ-ROJAS,
          Multi-Sponsored by -- M. of A.  HYNDMAN -- read once and  referred  to
          the  Committee  on Governmental Operations -- reported and referred to
          the Committee on Ways and Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
        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,
          providing alternative forms of evidence that would show that a  quali-
          fying crime was committed and the confidentiality of certain records

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
     2  tive law, as amended by chapter 710 of the laws of 1996, is  amended  to
     3  read as follows:
     4    (a)  an act committed in New York state which would, if committed by a
     5  mentally competent  criminally  responsible  adult,  who  has  no  legal
     6  exemption or defense, constitute a crime as defined in and proscribed by
     7  law,  regardless  of  whether  any suspect was arrested, charged, appre-
     8  hended or prosecuted for the commission of the act or whether the claim-
     9  ant has interacted with a criminal  justice  agency  investigating  such
    10  act; or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2105--A                          2
     1    §  2. Subdivision 2 of section 625 of the executive law, as amended by
     2  section 10 of part A-1 of chapter 56 of the laws of 2010, is amended  to
     3  read as follows:
     4    2.  A  claim  must  be filed by the claimant not later than [one year]
     5  three years after the occurrence or discovery of the  crime  upon  which
     6  such  claim  is  based,  [one  year]  three  years after a court finds a
     7  lawsuit to be frivolous, or not later than [one year] three years  after
     8  the  death of the victim, provided, however, that upon good cause shown,
     9  the office may extend the time for filing. The office shall  extend  the
    10  time  for  filing  where  the  claimant  received  no notice pursuant to
    11  section six hundred twenty-five-a of this article and had  no  knowledge
    12  of eligibility pursuant to section six hundred twenty-four of this arti-
    13  cle.
    14    §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
    15  law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
    16  2010, is amended to read as follows:
    17    (c) the investigation and determination of claims regardless of wheth-
    18  er the alleged criminal has been arrested, charged, apprehended or pros-
    19  ecuted  for  or  convicted of any crime based upon the same incident, or
    20  has been acquitted, or found not guilty of the crime in  question  owing
    21  to criminal irresponsibility or other legal exemption;
    22    §  4. Subdivision 1 of section 631 of the executive law, as separately
    23  amended by chapters 189 and 295 of the laws of 2018, is amended to  read
    24  as follows:
    25    1.  No  award  shall be made unless the office finds that: (a) a crime
    26  [was committed,] has occurred as indicated by the applicant's record  or
    27  supporting  documentation;  (b) such crime directly resulted in personal
    28  physical injury to or the exacerbation of a preexisting  disability,  or
    29  condition,  or  death  of,  the  victim[,]; and (c) either: (i) criminal
    30  justice agency records show that such crime was [promptly]  reported  to
    31  the  proper  authorities[; and in no case may an award be made where the
    32  criminal justice agency records show that such report was made more than
    33  one week after the occurrence of such crime unless the office, for  good
    34  cause shown, finds the delay to have been justified. Notwithstanding the
    35  foregoing  provisions of this subdivision, in cases involving an alleged
    36  sex offense as contained in article one hundred thirty of the penal  law
    37  or  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal
    38  law or labor trafficking as defined in section 135.35 of the  penal  law
    39  or  sex  trafficking  as  defined in sections 230.34 and 230.34-a of the
    40  penal law or an offense chargeable as a family offense as  described  in
    41  section  eight  hundred twelve of the family court act or section 530.11
    42  of the criminal procedure law, the criminal justice agency  report  need
    43  only  be  made]  within  a  reasonable  time considering all the circum-
    44  stances, including the victim's physical, emotional and mental condition
    45  and family situation[.]; or (ii) evidence is provided to show that  such
    46  crime  occurred. Such evidence shall include, but is not limited to, one
    47  or more of the following:
    48    (A) a written statement provided by a city or state-contracted  victim
    49  services  provider who has provided services to the victim of the crime,
    50  or other eligible claimants as identified in section six  hundred  twen-
    51  ty-four  of  this  article,  in response to the impact of the qualifying
    52  crime; or
    53    (B) a temporary or permanent restraining  order  or  protective  order
    54  issued  by  a court to protect or separate the victim, or other eligible
    55  claimants as identified in section six hundred twenty-four of this arti-
    56  cle, from the person who is responsible for the qualifying crime.

        A. 2105--A                          3
     1    For the purposes of this subdivision, "criminal justice agency"  shall
     2  include,  but  not be limited to, a police department, a district attor-
     3  ney's office, and any other governmental  agency  having  responsibility
     4  for the enforcement of the criminal laws of the state provided, however,
     5  that  in  cases  involving such sex offense or family offense a criminal
     6  justice agency shall also mean a family  court,  a  governmental  agency
     7  responsible for child and/or adult protective services pursuant to title
     8  six  of article six of the social services law and/or title one of arti-
     9  cle nine-B of the social services law, and any medical  facility  estab-
    10  lished  under  the  laws  of the state that provides a forensic physical
    11  examination for victims of rape and sexual assault.
    12    § 5. Subdivision 4 of section 625 of the executive law, as amended  by
    13  section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
    14  read as follows:
    15    4. Upon the filing of a claim pursuant to  this  article,  the  office
    16  shall  promptly  notify  the district attorney of the county wherein the
    17  crime is alleged to have occurred.  Except in cases  where  the  alleged
    18  crime  was  not  reported  to a criminal justice agency, as indicated in
    19  subdivision one of section six hundred thirty-one of this  article.  If,
    20  within  ten days after such notification, such district attorney advises
    21  the office that a criminal prosecution is pending upon the same  alleged
    22  crime  and  requests  that  action by the office be deferred, the office
    23  shall defer all proceedings under this article until such time  as  such
    24  criminal  prosecution  has  been  concluded  and  shall  so  notify such
    25  district attorney and the claimant. When such criminal  prosecution  has
    26  been  concluded,  such  district  attorney  shall promptly so notify the
    27  office. Nothing in this section shall limit the authority of the  office
    28  to grant emergency awards pursuant to section six hundred thirty of this
    29  article.
    30    §  6. Subdivision 1 of section 633 of the executive law, as amended by
    31  section 25 of part A-1 of chapter 56 of the laws of 2010, is amended  to
    32  read as follows:
    33    1.  Records  maintained  by  the  office and proceedings by the office
    34  based thereon regarding a claim submitted by  a  victim  or  a  claimant
    35  shall be deemed confidential and shall not be shared with any government
    36  or private entity, with the following exceptions:
    37    (a)  requests  for  information  based  [upon]  on legitimate criminal
    38  justice purposes as determined by the agency,  provided  that,  in  such
    39  case, the office shall furnish only that portion of the information that
    40  is legally required;
    41    (b) judicial subpoenas;
    42    (c)  requests  for information by the victim or claimant or his or her
    43  authorized representative; or
    44    (d) for purposes necessary and proper for the administration  of  this
    45  article.
    46    §  7. This act shall take effect one year after it shall have become a
    47  law.
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