Senate Bill S7593

                                 BILL NUMBER:  S7593               REVISED 05/13/10

 TITLE OF BILL :
An act to amend the executive law, in relation to increasing the time
period for filing a claim with the crime victims board; and providing
for the repeal of such provisions upon expiration thereof


 PURPOSE :
To reopen a one-year filing period before the New York State Crime
Victims Board for victims of crime and drunk or drug-impaired drivers.

 SUMMARY OF PROVISIONS :
An amendment is made to subdivision 2 of section 625 of the Executive
law.

 JUSTIFICATION :
Restitution in the following forms of medical expenses (doctors,
physical therapists, ambulance transportation, emergency services,
etc.), counseling expenses, loss of earnings, property expenses
(replace, repair and/or clean damaged or stolen property), funeral
expenses, insurance deductibles, incidental expenses (changing locks,
towing fees, and the cost of changing your phone number), and any
expense incurred as a result of a criminal offense are made available
to victims recognized by the New York State Crime Victims Board (NYS
CVB). Victims have up to one year after such incident to file a claim.
              

The NYS CVB, which is a great resource for victims, is also a great
disservice for those who were initially not afforded the opportunity
to utilize assistance from them. This can be attributed to the
enactment date of the agency or a general lack of awareness of such
preexisting agency at the time of the incident. As a result, an
unidentified number of individuals have not utilized the NYS CVB
services.

A proposed change within the Executive law shall allow for the
reopening of cases dated up to and including twenty years ago
contingent upon those victims who previously never filed a claim with
the NYS CVB and who have in possession all applicable records and
documentation that demonstrate such prior incident. As these victims
continue to suffer emotionally, financially, and physically due to
sustained injuries, lack of money to cover medical expenses and an
inability to permanently work again, it is our belief that these
victims should have an opportunity to claim for due restitution.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
To be determined. Fiscal implications shall be based on the amount of
applicants that successfully file a past incident claim.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become a law and shall expire and be deemed repealed one year after
such effective date; provided that services may continue and benefits
be paid in the event the claimant elects to participate beyond such
date.