S T A T E   O F   N E W   Y O R K
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                                  2915

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

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.