S T A T E O F N E W Y O R K
________________________________________________________________________
3737
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
___________
Introduced by M. of A. KOON -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to witnesses to homicide
eligible for counseling services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 621 of the executive law is amended by adding a new
subdivision 24 to read as follows:
24. "WITNESS TO HOMICIDE" SHALL MEAN A PERSON WHO, DUE TO HIS OR HER
PHYSICAL PROXIMITY TO AN INCIDENT DURING WHICH A VIOLENT DEATH OF ANOTH-
ER PERSON OCCURS, IS ABLE TO PROVIDE TESTIMONY REGARDING SUCH INCIDENT,
REGARDLESS OF WHETHER SUCH PERSON ACTUALLY PROVIDES SUCH TESTIMONY, AND
WHO IS NOT A VICTIM AS SUCH TERM IS DEFINED IN THIS SECTION.
S 2. Paragraphs (i) and (j) of subdivision 1 of section 624 of the
executive law, as amended by chapter 427 of the laws of 1999, are
amended and a new paragraph (k) is added to read as follows:
(i) a surviving spouse of a crime victim who died from causes not
directly related to the crime when such victim died prior to filing a
claim with the board or subsequent to filing a claim but prior to the
rendering of a decision by the board. Such award shall be limited to
out-of-pocket loss incurred as a direct result of the crime; [and]
(j) a spouse, child or stepchild of a victim of a crime who has
sustained personal physical injury as a direct result of a crime[.]; AND
(K) A WITNESS TO HOMICIDE; EXCEPT THAT SUCH WITNESS TO HOMICIDE SHALL
ONLY BE ELIGIBLE TO RECEIVE AN AWARD FOR UNREIMBURSED COSTS OF COUN-
SELING.
S 3. Section 631 of the executive law is amended by adding a new
subdivision 11-a to read as follows:
11-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE, TWO AND
THREE OF THIS SECTION, AN INDIVIDUAL WHO WAS A WITNESS TO HOMICIDE, WHO
HAS NOT BEEN PHYSICALLY INJURED AS A DIRECT RESULT OF SUCH CRIME SHALL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02462-01-9
A. 3737 2
ONLY BE ELIGIBLE FOR COUNSELING, COUNSELING REFERRALS, AND/OR THE UNRE-
IMBURSED COSTS OF COUNSELING PROVIDED TO SUCH WITNESS ON ACCOUNT OF
MENTAL OR EMOTIONAL STRESS RESULTING FROM THE INCIDENT IN WHICH THE
HOMICIDE OCCURRED.
S 4. Section 631-a of the executive law is amended by adding a new
subdivision 2-a to read as follows:
2-A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION, CRIME VICTIM SERVICE PROGRAMS MAY BE DESIGNED TO SERVE
WITNESSES OF HOMICIDES TO THE LIMITED EXTENT OF PROVIDING COUNSELING
SERVICES OR REFERRALS FOR SUCH WITNESSES.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law.