S T A T E O F N E W Y O R K
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2912
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, MAYERSOHN, PHEFFER -- Multi-Sponsored by --
M. of A. ALFANO, BARRA, JOHN -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to payment of unreim-
bursed medical bills of crime victims
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 626 of the executive law, as
amended by chapter 408 of the laws of 2005, is amended to read as
follows:
1. Out-of-pocket loss shall mean unreimbursed and unreimbursable
expenses or indebtedness reasonably incurred for medical care or other
services necessary as a result of the injury upon which such claim is
based, including such expenses incurred as a result of the exacerbation
of a pre-existing disability or condition directly resulting from the
crime or causally related to the crime. Such expenses or indebtedness
shall include the cost of counseling for the eligible spouse, grandpar-
ents, parents, stepparents, guardians, brothers, sisters, stepbrothers,
stepsisters, children or stepchildren of a homicide victim, and crime
victims who have sustained a personal physical injury as the direct
result of a crime and the spouse, children or stepchildren of such phys-
ically injured victim. For the purposes of this subdivision, the victim
of a sex offense as defined in article one hundred thirty of the penal
law is presumed to have suffered physical injury. Such counseling may be
provided by local victim service programs, where available. It shall
also include the cost of residing at or utilizing services provided by
shelters for battered spouses and children who are eligible pursuant to
subdivision two of section six hundred twenty-four of this article, and
the cost of reasonable attorneys' fees for representation before the
board and/or before the appellate division upon judicial review not to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02344-01-9
A. 2912 2
exceed one thousand dollars. IT SHALL NOT INCLUDE SUCH EXPENSES OR
INDEBTEDNESS INCURRED ON BEHALF OF THE CRIMINALLY RESPONSIBLE PERSON.
S 2. This act shall take effect immediately and shall apply to all
claims pending before the crime victims board or submitted thereto on or
after such date.