S T A T E O F N E W Y O R K
________________________________________________________________________
2499
2009-2010 Regular Sessions
I N A S S E M B L Y
January 16, 2009
___________
Introduced by M. of A. PRETLOW, ABBATE -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to eligibility to receive
awards from 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 1 of section 631 of the executive law, as
amended by chapter 74 of the laws of 2007, is amended to read as
follows:
1. No award shall be made unless the board or board member, as the
case may be, finds that (a) a crime was committed, (b) such crime
directly resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency records show that such crime was promptly
reported to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the board,
for good cause shown, finds the delay to have been justified[; provided,
however]. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,
in cases involving an alleged sex offense as contained in article one
hundred thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of the penal law or labor trafficking as defined in
section 135.35 of the penal law or sex trafficking as defined in section
230.34 of the penal law or an offense chargeable as a family offense as
described in section eight hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances, including the victim's physical, emotional and mental
condition and family situation. For the purposes of this subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department, a district attorney's office, and any other governmental
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01706-01-9
A. 2499 2
agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving such sex offense OR
FAMILY OFFENSE a criminal justice agency shall also mean a family court,
a governmental agency responsible for child and/or adult protective
services pursuant to title six of article six of the social services law
and/or title one of article nine-B of the social services law, and any
medical facility established under the laws of the state that provides a
forensic physical examination for victims of rape and sexual assault.
S 2. This act shall take effect on the thirtieth day after the date on
which it shall have become a law.