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.