Assembly Bill A5916A

2013-2014 Legislative Session

Defines necessary court appearance for purposes of determination of crime victim's award

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee


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

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Bill Amendments

co-Sponsors

2013-A5916 - Details

See Senate Version of this Bill:
S3360
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6532, S4405
2011-2012: A4201, S3813
2015-2016: A1097, S2034
2017-2018: A6857, S3338

2013-A5916 - Summary

Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.

2013-A5916 - Bill Text download pdf

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

                                  5916

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  HOOPER, ENGLEBRIGHT -- read once and
  referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in  relation  to  the  definition  of
  necessary court appearances for purposes of determining crime victim's
  award

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

  Section 1. Subdivisions 8, 10 and 12 of section 631 of  the  executive
law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi-
vision  10  as added by chapter 197 of the laws of 1983, and subdivision
12 as amended by chapter 534 of the laws of 2011, are amended to read as
follows:
  8. Notwithstanding the provisions of subdivisions one, two  and  three
of  this  section,  an elderly or disabled victim who has not been phys-
ically injured as a direct result of a crime, shall only be eligible for
an award that includes the unreimbursed cost of repair or replacement of
essential personal property that has been lost, damaged or destroyed  as
a  direct result of a crime, transportation expenses incurred for neces-
sary court appearances in connection with the prosecution of such crimes
and the unreimbursed cost of counselling  provided  to  the  elderly  or
disabled  victim  on  account of mental or emotional stress or financial
counselling provided to the elderly or disabled  victim  on  account  of
financial  difficulty  resulting  from  the  incident in which the crime
occurred if such counselling or financial counselling is commenced with-
in one year from the date of the incident.  FOR PURPOSES OF THIS  SUBDI-
VISION,  "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED
TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND  POST
TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES
OF  FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50
OF THE CRIMINAL PROCEDURE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06406-01-3

              

co-Sponsors

2013-A5916A (ACTIVE) - Details

See Senate Version of this Bill:
S3360
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6532, S4405
2011-2012: A4201, S3813
2015-2016: A1097, S2034
2017-2018: A6857, S3338

2013-A5916A (ACTIVE) - Summary

Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.

2013-A5916A (ACTIVE) - Bill Text download pdf

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

                                 5916--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  HOOPER, ENGLEBRIGHT -- read once and
  referred to the Committee on Governmental Operations -- recommitted to
  the Committee on Governmental Operations in accordance  with  Assembly
  Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in  relation  to  the  definition  of
  necessary court appearances for purposes of determining crime victim's
  award

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

  Section 1. Subdivisions 8, 10 and 12 of section 631 of  the  executive
law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi-
vision  10  as added by chapter 197 of the laws of 1983, and subdivision
12 as amended by chapter 534 of the laws of 2011, are amended to read as
follows:
  8. Notwithstanding the provisions of subdivisions one, two  and  three
of  this  section,  an elderly or disabled victim who has not been phys-
ically injured as a direct result of a crime, shall only be eligible for
an award that includes the unreimbursed cost of repair or replacement of
essential personal property that has been lost, damaged or destroyed  as
a  direct result of a crime, transportation expenses incurred for neces-
sary court appearances in connection with the prosecution of such crimes
and the unreimbursed cost of counselling  provided  to  the  elderly  or
disabled  victim  on  account of mental or emotional stress or financial
counselling provided to the elderly or disabled  victim  on  account  of
financial  difficulty  resulting  from  the  incident in which the crime
occurred if such counselling or financial counselling is commenced with-
in one year from the date of the incident.  FOR PURPOSES OF THIS  SUBDI-
VISION,  "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED
TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND  POST
TRIAL  HEARINGS,  GRAND  JURY HEARINGS AND MEETINGS WITH A MEMBER OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06406-02-4
              

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