NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7079
SPONSOR: McMahon TITLE OF BILL:
An act to amend the executive law, in relation to victim compensation
for unlawful surveillance crimes
PURPOSE OF THE BILL:
The purpose of this measure is to expand eligibility to crime victims
who did not suffer a physical injury, but were victims of the crimes of
Unlawful Surveillance 2nd and 1st, and Dissemination of an Unlawful
Surveillance Image 2nd and 1st.
SUMMARY OF PROVISIONS:
Section one would amend subdivision 11 of section 631 of the Executive
Law, expanding those eligible, non-injured victims of certain, enumer-
ated crimes to include the crimes of unlawful surveillance in the first
and second degree.
Section two would amend subdivision 12 of section 631 of the Executive
Law, expanding those eligible, non-injured victims of certain, enumer-
ated crimes to include the crimes of dissemination of an unlawful
surveillance image in the first and second degree.
Section three would make the bill effective immediately.
JUSTIFICATION:
Under current law, to be eligible for reimbursement for certain crime-
related expenses, one must be a physically injured victim of a crime
unless excepted by other provision(s) of the enacting statute. Subdivi-
sions 11 and 12 of section 631 are two such provisions which exempts the
physical injury requirement, providing certain, enumerated benefits to
the victims of certain, enumerated crimes.
Subdivision 11 exempts the physical injury requirement for less serious,
typically one-off crimes. These victims are eligible for an award that
includes loss of earnings, unreimbursed costs of mental health coun-
seling, and transportation expenses incurred for necessary court appear-
ances in connection with the prosecution of such crime. Including
victims of unlawful surveillance in the first and second degree is a
fitting and natural extension of these provisions.
Subdivision 12 exempts the physical injury requirement for more serious
crimes with typically lasting impact. These victims are eligible for
loss of earnings, unreimbursed costs of repair or replacement of essen-
tial personal property, unreimbursed costs for security devices, costs
of residing at or utilizing services provided by shelters for battered
spouses and children, transportation expenses incurred for necessary
court appearances in connection with the prosecution of such crime,
unreimbursed costs of mental health counseling, costs of crime scene
cleanup and securing a crime scene, reasonable relocation expenses, and
for occupational or job training. The dissemination of an unlawful
surveillance image in the first and second degree has the potential for
lasting impact on its crime victims, and including such victims is a
fitting and natural extension of these provisions.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
This measure would have minimal fiscal impact for the OVS.
EFFECTIVE DATE:
This act would take effect on the one-hundred eightieth day after it
becomes law and apply to all claims filed on or after such effective
date.
