senate Bill S3319

2011-2012 Legislative Session

Requires the defendant to pay for the counseling of the victim of any sex offense

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 16, 2011 referred to codes

S3319 - Bill Details

See Assembly Version of this Bill:
A9146
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd ยง60.27, Pen L

S3319 - Bill Texts

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Requires the defendant convicted of any sex offense to pay for the counseling of the victim of such sex offense.

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BILL NUMBER:S3319

TITLE OF BILL:
An act
to amend the penal law, in relation to counseling for victims of sex
offenses

PURPOSE:
To provide victims of sexual abuse the ability to receive counseling
related to their abuse at the expense of the perpetrator.

SUMMARY:
Section 1. Amends section 60.27 of the Penal Law (restitution and
reparation) by adding a new subdivision in order to address
restitution for counseling at the request of a victim of sexual
abuse. Provides for victim counseling under section 695-a of the
Public Health Law and mandates the offender pay for such counseling.

Section 2. This act shall take effect on the 90th day after it shall
have become law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

JUSTIFICATION:
Sexual abuse is traumatic for the victim and family members. Current
law provides stringent penalties for convicted sex offenders but does
not specifically force them to pay restitutions for counseling at the
request of the victim.

This bill mandates that the offender pay for sexual abuse counseling
similar to that provided by the Rape Crisis, Intervention, and
Prevention Program if the victim requests counseling.

Penalizing sex offenders is only half the battle in remedying the
damage they have done to their victims and families. This bill is a
step in the direction of recovery through counseling.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect on the
90th day after it
shall have become law, provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date
are authorized and directed to be made and completed on or before
such effective date.


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

                                  3319

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to counseling for victims  of
  sex offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 60.27 of the penal law is amended by adding  a  new
subdivision 15 to read as follows:
  15.  IF THE OFFENSE OF WHICH A PERSON IS CONVICTED IS DEFINED IN ARTI-
CLE ONE HUNDRED THIRTY OF THIS CHAPTER, AND THE VICTIM OF  SUCH  OFFENSE
OPTS  FOR  ANY  TYPE  OF COUNSELING, INCLUDING, BUT NOT LIMITED TO COUN-
SELING FROM A RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM AS AUTHOR-
IZED PURSUANT TO ARTICLE SIX-A OF  THE  PUBLIC  HEALTH  LAW,  THE  COURT
SHALL,  UPON  CONVICTION,  IN ADDITION TO ANY OTHER SENTENCE, DIRECT THE
DEFENDANT TO PAY THE COSTS OF COUNSELING.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08757-01-1

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