senate Bill S4084

Signed By Governor
2011-2012 Legislative Session

Relates to awards for victims of criminal obstruction of breathing or blood circulation

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Archive: Last Bill Status Via A8091 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 signed chap.534
Sep 12, 2011 delivered to governor
Jun 16, 2011 returned to assembly
passed senate
3rd reading cal.1102
substituted for s4084
Jun 16, 2011 substituted by a8091
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1102
May 03, 2011 reported and committed to finance
Mar 16, 2011 referred to crime victims, crime and correction

Votes

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Jun 7, 2011 - Finance committee Vote

S4084
30
1
committee
30
Aye
1
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 3, 2011 - Crime Victims, Crime and Correction committee Vote

S4084
11
1
committee
11
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: May 3, 2011

nay (1)
aye wr (2)

S4084 - Bill Details

See Assembly Version of this Bill:
A8091
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L

S4084 - Bill Texts

view summary

Relates to awards for victims of criminal obstruction of breathing or blood circulation.

view sponsor memo
BILL NUMBER:S4084

PURPOSE OF BILL:

This bill would add the recently created crime of Criminal Obstruction
of Breathing or Blood Circulation (Penal Law § 121.11) to Executive
Law § 631(12), to allow the Office of Victim Services (0VS) to
make awards to victims of this crime, even if the victim did not
sustain a physical injury.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Executive Law § 631(12) to include
the class A misdemeanor offense of Criminal Obstruction of Breathing
or Blood Circulation, as defined in Penal Law § 121.11, to the list
of offenses for which the OVS may make awards to victims when the
victim does not suffer physical injury.

Section 2 of the bill would make this provision effective 90 days
after enactment.

EXISTING LAW:

Chapter 405 of the Laws of 2010 added a new Article 121 to the Penal Law
related to strangulation and related offenses. New Penal Law § 121.11
creates the class A misdemeanor crime of Criminal Obstruction of
Breathing or Blood Circulation, which is committed when a person,
with intent to impede the normal breathing or circulation of the
blood of another person:
(a) applies pressure on the throat or neck of such person; or (b)
blocks the nose or mouth of such person.

Executive Law § 631(12) ensures victims of certain harassment and
menacing charges (more commonly referred to as "stalking") who have
not suffered a physical injury, are eligible to receive certain
awards from the OVS.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Chapter 405 of the Laws of 2010 added a new Article 121 to the Penal
Law related to strangulation and related offenses. Included in
Article 121 is the class A misdemeanor crime of Criminal Obstruction
of Breathing or Blood Circulation, as defined in Penal Law § 121.11.
The other two offenses included in Article 121 are Strangulation in the
Second Degree, as defined in Penal Law § 121.12, and Strangulation in
the First Degree, as defined in Penal Law § 121.13, both of which are
felony offenses and both of which specifically include as elements

the causing of physical injury and serious physical injury,
respectively. The misdemeanor charge does not include any requirement
of physical injury. The justification for the creation of these new
criminal charges was that strangulation "has been identified in
recent years as one of the most lethal forms of domestic abuse. When
perpetrators use strangulation to silence their victims, this is a
form of power and control" and victims of such acts suffer
devastating psychological trauma.

Under Article 22 of the Executive Law, in order to receive an award
from the OVS, one must suffer a physical injury or be a victim of
either a certain group (such as: elderly, minors or the disabled) or
certain crimes (such as: specific charges of unlawful imprisonment,
kidnapping, harassment and menacing). One exception to this general
rule is contained in Executive Law § 631 (12), which was added by
Chapter 443 of the Laws of 1998, to ensure that victims of certain
harassment and menacing charges, more commonly referred to as
"stalking," were eligible to receive certain awards under Article 22
of the Executive Law. The justification for making stalking victims
eligible for such awards was similar to the reasons for creating the
new strangulation crimes: "The primary goals of stalking are power
and control. Persistent threats of physical injury are means by which
the stalker exerts control over one's victim (sic)."

The addition of the new crime of Criminal Obstruction of Breathing or
Blood Circulation to the other crimes enumerated in Executive Law
631 (12) is a logical and natural expansion of the current provision.
This measure would ensure that victims of this new crime, many of
whom may be victims of domestic abuse generally, may receive awards
from the OVS. These awards could be made for: loss or earnings or
support, the unreimbursed cost of repair or replacement of essential
personal property, the unreimbursed cost for security devices, and
expenses related to certain court transportation, counseling,
relocation and occupational or job training.

BUDGET IMPLICATIONS:

The changes proposed by this measure are not expected to have a
material impact on either the compensation or operational expenses
of the OVS. Victim compensation expenses are funded through a
combination of State and federal funding. pursuant to the federal
grant (Victims of Crime Act or VOCA) received by the State for such
compensation, any increase to the overall compensation expenses of
the OVS will be offset by a subsequent increase in federal
compensation funding.

EFFECTIVE DATE:

This bill would take effect 90 after enactment, and would apply to all
pending and subsequent original awards made by the OVS.

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

                                  4084

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 16, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN  ACT to amend the executive law, in relation to awards for victims of
  criminal obstruction of breathing or blood circulation

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

  Section  1.  Subdivision  12  of  section 631 of the executive law, as
amended by chapter 377 of the laws  of  2005,  is  amended  to  read  as
follows:
  12.  Notwithstanding the provisions of subdivisions one, two and three
of this section, an individual who was a victim of either the  crime  of
menacing  in the second degree as defined in subdivision two or three of
section 120.14 of the penal law, menacing in the first degree as defined
in section 120.13 of the penal law, CRIMINAL OBSTRUCTION OF BREATHING OR
BLOOD CIRCULATION AS DEFINED IN SECTION 121.11 OF THE PENAL LAW, harass-
ment in the second degree as defined in  subdivision  two  or  three  of
section  240.26  of  the  penal  law,  harassment in the first degree as
defined in section 240.25 of the penal law, aggravated harassment in the
second degree as defined in subdivision four of section  240.30  of  the
penal  law,  aggravated  harassment  in  the  first degree as defined in
subdivision two of section 240.31 of the penal law, criminal contempt in
the first degree as defined in paragraph (ii) or (iv) of subdivision (b)
or subdivision (c) of section 215.51 of the penal law,  or  stalking  in
the fourth, third, second or first degree as defined in sections 120.45,
120.50,  120.55  and  120.60 of the penal law, respectively, who has not
been physically injured as a direct result of such crime shall  only  be
eligible  for  an  award  that  includes loss of earning or support, the
unreimbursed cost of repair or replacement of essential personal proper-
ty that has been lost, damaged or destroyed as a direct result  of  such
crime,  the  unreimbursed  cost  for  security  devices  to  enhance the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09676-01-1

S. 4084                             2

personal protection of such victim, transportation expenses incurred for
necessary court expenses in connection  with  the  prosecution  of  such
crime,  the  unreimbursed costs of counseling provided to such victim on
account  of  mental  or  emotional stress resulting from the incident in
which the crime occurred, reasonable relocation expenses, and for  occu-
pational or job training.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law,  and  shall  apply  to  all  pending  and  subsequent
original awards made by the office.

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