senate Bill S15

Makes victims of certain dog attacks eligible for awards by the crime victims board

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Summary

Makes victims of certain dog attacks eligible for awards by the crime victims board; requires dog control officers to give victims a card with notice thereof.

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Bill Details

Versions:
S15
Legislative Cycle:
2013-2014
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §621, Exec L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S316
2009-2010: S3095

Sponsor Memo

BILL NUMBER:S15

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:
Section 1, Amends subdivision 3 of Section 621 of the Executive Law.
Includes violations of Agriculture & Markets Law Section 121 (7)
within the definition of "crime" for purposes of submitting claims to
the Crime Victims Board.

Section 2, Effective Date

EXISTING LAW:
Executive Law; Article 22, Office of Victim Services; Section 621,
Definitions

Agriculture and Markets Law; Article 7, Licensing, Identification and
Control of Dogs; Section 121, Dangerous Dogs

JUSTIFICATION:
Americans are bitten by dogs almost five million times a year. Over
800,000 attacks require medical treatment, and more than half of the
patients are children. Of those injured, 386,000 require treatment in
an emergency department and about 16 die, The rate of dog
bite-related injuries is highest for children ages 5 to 9 years, and
the rate decreases as children age. Almost two thirds of injuries
among children ages four years and younger are to the head or neck
region. Injury rates in children are significantly higher for boys
than for girls. 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
penalty, 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:


2012: S.316 - Referred to Crime Victims, Crime and Correction
2011: S.316 - Defeated in Crime Victims, Crime and Correction
2010: S.3095 - Reported and Committed to Finance/A.8605 - Held
for Consideration in Governmental Operations
2009: S.3095 - Advanced to Third Reading/A.8605
- Referred to Governmental Operations
2007-08: S.4010 - Passed Senate/A.6944 - Reported, Referred to Ways
and Means
2005-06: A.4185A - Referred to Governmental Operations
2004: S.6062 - Referred to the
Crime Victims, Crime & Corrections/A.9602 -
Referred to 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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   15

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT  to  amend  the  executive law, in relation to making victims of
  certain dog attacks eligible for awards by the crime victims board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  3  of  section  621 of the executive law, as
amended by chapter 710 of the laws  of  1996,  is  amended  to  read  as
follows:
  3.  "Crime"  shall  mean  (a) an act committed in New York state which
would, if committed  by  a  mentally  competent  criminally  responsible
adult,  who  has  no  legal  exemption or defense, constitute a crime as
defined in and proscribed by law; [or]
  (b) an act committed outside the state of New York against a  resident
of  the  state  of  New  York which would be compensable had it occurred
within the state of New York and which occurred in a  state  which  does
not  have  an eligible crime victim compensation program as such term is
defined in the federal victims of crime act of 1984; [or]
  (c) an act of terrorism, as defined  in  section  2331  of  title  18,
United  States  Code,  committed  outside of the United States against a
resident of New York state; OR
  (D) A VIOLATION OF SUBDIVISION SEVEN OF SECTION ONE HUNDRED TWENTY-ONE
OF THE AGRICULTURE AND MARKETS LAW.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00930-01-3

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