senate Bill S4341

Establishes standards for crime victim awards for loss of earnings or support

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Bill Status


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

  • 21 / Mar / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.737
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 27 / Feb / 2014
    • REPORTED AND COMMITTED TO FINANCE
  • 17 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1464
  • 17 / Jun / 2014
    • PASSED SENATE
  • 17 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Establishes standards for crime victim awards for loss of earnings or support.

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Bill Details

Versions:
S4341
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L

Sponsor Memo

BILL NUMBER:S4341

TITLE OF BILL: An act to amend the executive law, in relation to
awards made by the office of victim services

Purpose of Bill: This bill would amend the Executive Law to authorize
the Office of Victim Services (OVS) to make awards for loss or
earnings and loss of support based only on income of the victim that
was reported to an appropriate taxing authority.

Summary of Provisions:

Section one of the bill would amend Executive Law § 631(3) to limit
any awards for loss or earnings or support to reported income. It
would provide that if it is later determined that such income is not
subject to taxation, OVS must request alternate information to verify
that income.

Section two of the bill contains the effective date.

Existing Law: Executive Law § 631(3) authorizes OVS to make awards
for a victim's loss of earnings, or for the loss of support provided
by a homicide victim. Under existing law, OVS has no statutorily
defined limitations when determining loss of earnings or loss of
support.

Prior Legislative History: This is a new bill.

Statement in Support: The statutory provisions relating to awards for
loss of earnings and loss of support do not provide guidance for
calculating a victim's earnings or for making awards for loss of
support to multiple claimants. With respect to earnings, OVS proposes
to limit such awards to the victim's reportable income. OVS should not
compensate victims for illegally earned income.

With respect to loss of support, this bill also would provide that if
multiple victims are entitled to an award for loss of support as a
result of a death of a person, OVS will apportion the award among the
claimants. This will clarify the appropriate distribution of such
awards.

Budget Implications: None.

Effective Date: This bill would take effect 30 days after it becomes
a law.

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

                                  4341

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN  --  (at  request of the Office of Victim
  Services) -- 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 awards made by the
  office of victim services

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

  Section  1.  Subdivision  3  of  section  631 of the executive law, as
amended by section 22 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  3.  (A)  Any  award made for loss of earnings or support shall, unless
reduced pursuant to other provisions of this article, be  in  an  amount
equal  to  the  actual  loss  sustained, provided, however, that no such
award shall exceed six hundred dollars for each week of lost earnings or
support.  IF THERE ARE TWO OR MORE PERSONS ENTITLED TO  AN  AWARD  AS  A
RESULT  OF  THE DEATH OF A PERSON WHICH IS THE DIRECT RESULT OF A CRIME,
THE AWARD SHALL BE APPORTIONED BY THE OFFICE AMONG THE CLAIMANTS.
  (B) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, ANY AWARD
FOR LOSS OF EARNINGS OR SUPPORT SHALL BE LIMITED TO THE VICTIM'S  INCOME
WHICH HAS BEEN REPORTED TO AN APPROPRIATE TAXING AUTHORITY.
  (C)  IF  DURING AN INVESTIGATION OF A CLAIM THE OFFICE DETERMINES THAT
SUCH INCOME IS NOT SUBJECT TO TAXATION, THE OFFICE SHALL REQUEST  ALTER-
NATIVE INFORMATION TO VERIFY SUCH INCOME.
  (D)  Awards  with respect to livery operator victims pursuant to para-
graphs (f) and (g) of subdivision one of section six hundred twenty-sev-
en of this article shall be granted in the  amount  and  in  the  manner
provided  therein.  The  aggregate award for all such losses pursuant to
this subdivision, including any awards made pursuant to  paragraphs  (f)
and  (g)  of subdivision one of section six hundred twenty-seven of this
article, shall not exceed thirty thousand dollars. [If there are two  or
more  persons  entitled to an award as a result of the death of a person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09018-01-3

S. 4341                             2

which is the direct result of a crime, the award shall be apportioned by
the office among the claimants.]
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all original  awards  made  on  and
after such date.

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