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.