senate Bill S6848

Signed By Governor
2011-2012 Legislative Session

Relates to the eligibility of certain family members of homicide victims

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Archive: Last Bill Status - 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
Jul 18, 2012 signed chap.233
Jul 06, 2012 delivered to governor
Jun 14, 2012 returned to senate
passed assembly
ordered to third reading rules cal.123
substituted for a9898
May 08, 2012 referred to governmental operations
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.684
Mar 28, 2012 referred to crime victims, crime and correction

Votes

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S6848 - Bill Details

See Assembly Version of this Bill:
A9898
Law Section:
Executive Law
Laws Affected:
Amd §624, Exec L

S6848 - Bill Texts

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Relates to the eligibility for crime victim awards of certain family members of homicide victims.

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BILL NUMBER:S6848

TITLE OF BILL:

An act
to amend the executive law, in
relation to the eligibility of certain
family members of homicide victims

PURPOSE OF BILL:

This bill would correct an inconsistency in Article 22 of the
Executive Law with respect to which relatives of homicide victims are
eligible to receive awards from the Office of Victim Services ("OVS")
for counseling expenses.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Executive Law § 624(1)(b) to
include guardians, siblings and step-siblings of a victim who died as
a direct result of a crime among those eligible to receive an award
from the OVS.

Section 2 of this bill contains the effective date.

EXISTING LAW:

Executive Law § 626(1) provides that the cost of counseling for an
eligible spouse, grandparent, parent, stepparent, guardian, brother,
sister, stepbrother, stepsister, child or stepchild of a homicide
victim is considered an "out-of-pocket" loss for which such relative
may receive an award from OVS. However, Executive Law § 624(1) (b),
which generally lists persons who are "eligible" for "awards" from
OVS does not include guardians, siblings and step-siblings.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Article 22 is internally inconsistent with respect to which relatives
of a homicide victim are generally "eligible" for awards from OVS,
and which relatives may receive an award for counseling expenses.
Chapter 324 of the Laws of 1989 provided that guardians, brothers and
sisters (later expanded to include step-siblings) were eligible to
receive reimbursement for counseling expenses, but neglected to amend
the statutory list of those persons generally eligible to receive an
award.

Despite the inconsistency, OVS (and its predecessor, the Crime Victims
Board) have interpreted Article 22 of the Executive Law consistent
with the general intent of that Article to compensate crime victims,
thereby making awards for counseling expenses to all family members
of homicide victims listed in Executive Law § 626(1). This bill would
correct the inconsistency in these provisions to make it clear that
guardians, brothers, sisters and step-siblings are eligible to receive
such awards.

BUDGET IMPLICATIONS:

This measure would not have any budgetary impact.

EFFECTIVE DATE:

The bill would become effective immediately.

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

                                  6848

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at  request of the Office of Victim
  Services) -- 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 the eligibility of
  certain family members of homicide victims

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

  Section 1. Paragraph (b) of subdivision 1 of section 624 of the execu-
tive  law,  as amended by chapter 427 of the laws of 1999, is amended to
read as follows:
  (b) a surviving spouse,  grandparent,  parent,  stepparent,  GUARDIAN,
BROTHER, SISTER, STEPBROTHER, STEPSISTER, child or stepchild of a victim
of a crime who died as a direct result of such crime;
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14483-01-2

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