S T A T E O F N E W Y O R K
________________________________________________________________________
2915
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. KOON -- Multi-Sponsored by -- M. of A. HIKIND,
MAYERSOHN, SWEENEY -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to the requirement for a
finding that a crime victim award claimant will suffer financial
difficulty if an award is not approved and to repeal certain
provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 631 of the executive law, as
amended by chapter 162 of the laws of 2008, is amended to read as
follows:
2. Any award made pursuant to this article shall be in an amount not
exceeding out-of-pocket expenses, including indebtedness reasonably
incurred for medical or other services necessary as a result of the
injury upon which the claim is based; loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; burial
expenses not exceeding six thousand dollars of a victim who died as a
direct result of a crime; the costs of crime scene cleanup and securing
of a crime scene not exceeding twenty-five hundred dollars; reasonable
relocation expenses not exceeding twenty-five hundred dollars; and the
unreimbursed cost of repair or replacement of articles of essential
personal property lost, damaged or destroyed as a direct result of the
crime. An award for loss of earnings shall include earnings lost by a
parent or guardian as a result of the hospitalization of a child victim
under age eighteen for injuries sustained as a direct result of a crime.
In addition to the medical or other services necessary as a result of
the injury upon which the claim is based, an award may be made for reha-
bilitative occupational training for the purpose of job retraining or
similar employment-oriented rehabilitative services based upon the
claimant's medical and employment history. For the purpose of this
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02323-01-9
A. 2915 2
subdivision, rehabilitative occupational training shall include but not
be limited to educational training and expenses. An award for rehabili-
tative occupational training may be made to a victim, or to a family
member of a victim where necessary as a direct result of a crime. NOTH-
ING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO MEAN THAT THE
BOARD MUST MAINTAIN THE CLAIMANT AT THE SAME STANDARD OF LIVING ENJOYED
BY THE CLAIMANT PRIOR TO THE DEATH OR INJURY.
S 2. Paragraphs (c) and (d) of subdivision 5 of section 631 of the
executive law, paragraph (c) as amended by chapter 74 of the laws of
1986 and paragraph (d) as amended by chapter 309 of the laws of 1996,
are amended to read as follows:
(c) Notwithstanding any inconsistent provision of this article, where
the person injured acted as a good samaritan, the board or board member,
as the case may be, may[, without regard to the financial difficulty of
the claimant,] make an award for out-of-pocket losses. Such award may
also include compensation for any loss of property up to five thousand
dollars suffered by the victim during the course of his actions as a
good samaritan.
(d) Notwithstanding any inconsistent provision of this article, where
a person acted as a good samaritan, and was killed as a direct result of
the crime, the board or the board member, as the case may be, may[,
without regard to the financial difficulty of the claimant,] make a lump
sum award to such claimant for actual loss of support not to exceed
thirty thousand dollars.
S 3. Subdivision 6 of section 631 of the executive law is REPEALED.
S 4. Subdivision 7 of section 631 of the executive law, as added by
chapter 418 of the laws of 1979, is amended to read as follows:
7. [Notwithstanding the provisions of subdivision six of this section,
an] AN award shall include out-of-pocket expenses, including indebt-
edness reasonably incurred by the victim of a sex offense or the person
responsible for the victim of such sex offense, as such sex offense is
defined in article one hundred thirty of the penal law, for a hospital
or medical examination in connection with the investigation or prose-
cution of any such offense.
S 5. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, and shall apply to all
crimes committed on or after such date.