S T A T E O F N E W Y O R K
________________________________________________________________________
4353
2009-2010 Regular Sessions
I N A S S E M B L Y
February 3, 2009
___________
Introduced by M. of A. KOON, HOOPER, ORTIZ, ZEBROWSKI -- Multi-Sponsored
by -- M. of A. ABBATE, BRADLEY, DINOWITZ, P. RIVERA, SCHIMMINGER,
TOWNS, WEISENBERG -- read once and referred to the Committee on
Governmental Operations
AN ACT to amend the executive law, in relation to 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 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, in cases involving an alleged sex offense as contained in arti-
cle 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 agency report need only be made within a reasonable time consid-
ering 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01627-01-9
A. 4353 2
to, a police department, a district attorney's office, and any other
governmental agency having responsibility for the enforcement of the
criminal laws of the state provided, however, that in cases involving
such sex offense a criminal justice agency shall also mean a family
court, a governmental agency responsible for child and/or adult protec-
tive 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. AS USED IN THIS SUBDIVISION, "PERSONAL PHYSICAL INJURY"
SHALL INCLUDE, IN ADDITION TO ITS USUAL MEANING, MENTAL PAIN AND ANGUISH
RELATED TO THE CRIME.
S 2. This act shall take effect immediately and shall apply to all
claims filed with the crime victims board on and after such effective
date.