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A07051 Summary:

BILL NOA07051
 
SAME ASSAME AS S06353
 
SPONSORBurke
 
COSPNSRTitus, Pichardo
 
MLTSPNSR
 
Amd §§621 & 631, Exec L
 
Relates to the definition of a "child victim" and to awards for certain child victims.
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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.
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