BILL NUMBER:A8605

TITLE OF BILL:  An act to amend the executive law, in relation to making
victims  of certain dog attacks eligible for awards by the crime victims
board

PURPOSE OR GENERAL IDEA OF BILL:

This bill will make innocent victims of dog attacks eligible  to  submit
claims to the Crime Victims Board for reimbursement of medical bills and
other expenses.

SUMMARY OF SPECIFIC PROVISIONS:

Bill  §1  amends  subdivision  3 of §621 of the Executive Law to include
violations of Agriculture & Markets Law §121 (7) within  the  definition
of "crime" for purposes of submitting claims to the Crime victims Board

JUSTIFICATION:

Americans are bitten by dogs almost 5 million times a year. Over 800,000
attacks  require  medical  treatment, and more than half of the patients
are children. According to the U.S. Centers  for  Disease  Control,  dog
bites  are among the top ten categories of children's injuries. However,
at present many such attacks do not fit the definition of "crime" in the
statute establishing the Crime Victims Board (CVB).
              

If an attacking dog was previously determined to be a  "dangerous  dog",
the  offense is treated as a misdemeanor and a claim can be submitted to
the CVB. However, if there has been no  prior  formal  determination  of
dangerousness, the offense is a violation subject only to a civil penal-
ty,  regardless  of the severity or circumstances of the attack. In such
cases, no claims for medical bills or other expenses can be  claimed  by
the victim (of, in the case of a child, the family).

This bill will rectify this disparity and make all dog attacks resulting
in  serious  physical  injury  under §121 eligible as "crimes" under the
Executive Law definition. This will ensure that victims of these attacks
have the same ability to submit claims to the  Crime  Victims  Board  as
other victims.

PRIOR LEGISLATIVE HISTORY:

A. 9602 (2004) - referred to Assembly Governmental Operations Committee
S.6062  (2004)  -  referred to Senate Crime Victims, Crime & Corrections
Committee

A.4185-A (2005-06)  --  referred  to  Assembly  Governmental  Operations
Committee

FISCAL IMPLICATIONS:

No  adverse  fiscal  impacts - any claims will be considered in the same
manner and pursuant to the  same  appropriations  as  all  other  claims
submitted to the CVB.

EFFECTIVE DATE:

90th day after enactment.