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A08397 Summary:

BILL NOA08397
 
SAME ASSAME AS S07805
 
SPONSORStern (MS)
 
COSPNSRThiele, Lavine, Gonzalez-Rojas, Simon, Brown K, Brown E, DeStefano, Gandolfo, Blumencranz, Chang, Durso, Flood, McDonough, Blankenbush, Gray, Slater, Bendett, Lunsford, McDonald, Jacobson, Pheffer Amato, Jones, Fall, Wallace, Williams, Ra, Braunstein, Stirpe, Berger, Woerner, Eachus, McMahon, Barrett
 
MLTSPNSRShimsky
 
Amd §§632-a & 621, Exec L
 
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.
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A08397 Actions:

BILL NOA08397
 
12/13/2023referred to governmental operations
01/03/2024referred to governmental operations
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A08397 Memo:

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.
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