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