senate Bill S4344

Signed by Governor

Defines and establishes the extent of relocation expenses for crime victim awards

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Sponsor

Bill Status


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

  • 21 / Mar / 2013
    • REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
  • 04 / Jun / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 12 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 12 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1343
  • 13 / Jun / 2013
    • PASSED SENATE
  • 13 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 17 / Jun / 2013
    • SUBSTITUTED FOR A6900
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.241
  • 17 / Jun / 2013
    • PASSED ASSEMBLY
  • 17 / Jun / 2013
    • RETURNED TO SENATE
  • 19 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 31 / Jul / 2013
    • SIGNED CHAP.261

Summary

Defines and establishes the extent of relocation expenses for crime victim awards.

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Bill Details

See Assembly Version of this Bill:
A6900
Versions:
S4344
Legislative Cycle:
2013-2014
Law Section:
Executive Law
Laws Affected:
Amd §621, Exec L

Sponsor Memo

BILL NUMBER:S4344

TITLE OF BILL: An act to amend the executive law, in relation to the
definition of relocation expenses for the purposes of crime victim
services

Purpose of Bill: This bill would amend the Executive Law to authorize
the Office of Victim Services (OVS) to include expenses of other
household members, and not just the victim's expenses, when making an
award for relocation expenses.

Summary of Provisions:

Section one of the bill would amend Executive Law § 621(23) to include
certain household members' expenses within the definition of
"relocation expenses" for which a crime victim may receive an award
from OVS.

Section two of the bill provides the effective date.

Existing Law: Under Executive Law § 621(23), the OVS may only make an
award for relocation expenses to the victim of a crime. Specifically,
subdivision twenty-three states that "relocation expenses" shall mean
"the cost of relocating a crime victim, when relocation is necessary
for the health or safety of the victim." As a result, when household
members relocate with a victim, OVS may only make an award for the
share of the relocation expenses allocated to the victim.

Prior Legislative History: This is a new bill.

Statement in Support: OVS has the authority to make an award to a
crime victim for his or her relocation expenses when the move is
necessary to ensure the victim's health or safety. When a victim lives
with family members, however, there is no provision which would allow
the OVS to make such an award that includes the moving expenses of
other family or household members. This has led to OVS having to make
awards based on the victim's pro-rata share of the overall moving
expenses of the household.

This bill would correct this obvious shortcoming in the current law by
providing that when an award is made for relocation expenses, the
award shall include the reasonable costs of moving and transporting
the victim's spouse and dependents with whom he or she resides. For a
child victim, the award would include the expenses of the
child-victim's parent, stepparent or guardian, as well as other
persons who are dependent upon the parent, stepparent or guardian who
also resides in the household.

Budget Implications: This measure will have minimal fiscal impact for
the OVS. Any potential increase in compensation costs would be offset
by an increase in the federal reimbursement for victim compensation.

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
________________________________________________________________________

                                  4344

                       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 the definition of
  relocation expenses for the purposes of crime victim services

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

  Section  1.  Subdivision  23  of  section 621 of the executive law, as
added by chapter 377 of the laws of 2005, is amended to read as follows:
  23. "Relocation expenses" shall mean the cost of  relocating  a  crime
victim,  when  relocation  is  necessary for the health or safety of the
victim. [Relocation expenses shall include the reasonable cost of moving
and transportation expenses.] AN AWARD  FOR  RELOCATION  EXPENSES  OF  A
VICTIM  SHALL  INCLUDE  THE REASONABLE COST OF MOVING AND TRANSPORTATION
EXPENSES FOR (A) THE VICTIM, WHICH MAY INCLUDE THE  RELOCATION  EXPENSES
OF  THEIR SPOUSE AND ANY OTHER PERSON DEPENDENT FOR HIS OR HER PRINCIPAL
SUPPORT UPON THE VICTIM OR SPOUSE WHO LIVES IN THE SAME RESIDENCE AS THE
VICTIM, OR (B) IF THE VICTIM IS A CHILD  VICTIM  ELIGIBLE  FOR  SUCH  AN
AWARD  PURSUANT TO THIS ARTICLE, THE CHILD VICTIM, WHICH MAY INCLUDE THE
RELOCATION EXPENSES OF THEIR PARENT, STEPPARENT, GUARDIAN AND ANY  OTHER
PERSON  DEPENDENT  FOR  HIS  OR  HER PRINCIPAL SUPPORT UPON SUCH PARENT,
STEPPARENT, AND GUARDIAN WHO LIVES IN THE SAME RESIDENCE  AS  THE  CHILD
VICTIM.
  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.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09017-01-3

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