Permits award of crime victim assistance funds to victims of overdoses, where such overdoses cause death and were the result of deception, surreptitious delivery, or third-party administration of a controlled substance.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8397
SPONSOR: Stern (MS)
 
TITLE OF BILL:
An act to amend the executive law, in relation to the award of crime
victim assistance funds to victims of overdoses, where such overdoses
were the result of deception, surreptitious delivery, or third-party
administration of a controlled substance which causes death
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill amends the executive law to include families of children lost
to a fatal overdose for financial compensation under the law.
 
SUMMARY OF PROVISIONS:
Section 1: amends subparagraph (ii) of paragraph (e) of subdivision 1 of
section 632-a of the executive law, as amended by section 24 of part A-1
of chapter 56 of the laws of 2010.
Section 2: amends paragraph (e) of subdivision 1 of section 632-a of the
executive law by adding a new subparagraph (iii).
Section 3: amends subdivision 5 of section 621 of the executive law, as
amended by chapter 189 of the laws of 2018.
Section 4: sets the effective date.
 
JUSTIFICATION:
The New York State Office of Victims Services (OVS) administers a fund
whereby victims of crimes that happen in New York State may be eligible
to get reimbursed for certain crime-related, out-of-pocket expenses.
Types of compensation OVS can provide include medical and counseling
expenses; funeral and burial expenses; relocation, moving, and storage
costs; lost earnings or loss of support.
Eligibility for compensation from this fund depends on the type of crime
that occurred. This legislation would expand that eligibility to any
fatal drug overdose resulting from a sale that is categorized as reck-
less or criminally negligent where a substance was administered through
deception or surreptitiously. This change in law will allow the families
of loved ones lost to nefarious drug crimes to obtain critically impor-
tant financial compensation during their time of need.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined, however, the crime victim assistance fund is financed
by criminal fines, forfeited bail bonds, and penalties paid by convicted
offenders, not from tax dollars, so there should be no cost to the
state.
 
EFFECTIVE DATE:
This act shall take effect immediately.