senate Bill S2745A

Signed By Governor
2013-2014 Legislative Session

Relates to crime victim emergency awards used to replace certain medical equipment

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Archive: Last Bill Status Via A4645 - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 signed chap.487
Dec 05, 2014 delivered to governor
Jun 17, 2014 returned to assembly
passed senate
3rd reading cal.1461
substituted for s2745a
Jun 17, 2014 substituted by a4645b
ordered to third reading cal.1461
committee discharged and committed to rules
Jun 12, 2014 print number 2745a
amend (t) and recommit to finance
Mar 26, 2014 reported and committed to finance
Jan 08, 2014 referred to crime victims, crime and correction
Apr 22, 2013 reported and committed to finance
Jan 23, 2013 referred to crime victims, crime and correction

Votes

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Jun 16, 2014 - Rules committee Vote

S2745A
24
0
committee
24
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Mar 26, 2014 - Crime Victims, Crime and Correction committee Vote

S2745
13
0
committee
13
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Apr 22, 2013 - Crime Victims, Crime and Correction committee Vote

S2745
11
0
committee
11
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 22, 2013

aye wr (1)
excused (1)

Bill Amendments

Original
A (Active)
Original
A (Active)

S2745 - Bill Details

See Assembly Version of this Bill:
A4645B
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1985, A4040
2009-2010: S2587, A3142

S2745 - Bill Texts

view summary

Relates to crime victim emergency awards when the award is used to replace medical equipment necessary for the survival of the claimant.

view sponsor memo
BILL NUMBER:S2745

TITLE OF BILL: An act to amend the executive law, in relation to crime
victims emergency awards used to replace certain medical equipment

PURPOSE: To provide more financial aid to victims of a crime where
medical equipment was stolen or damaged and needs to be replaced.

SUMMARY OF PROVISIONS:

Section one amends section 630 of the Executive Law to provide that the
aggregate $2,500 limitation, and the $500 individual award limitation,
for emergency awards does not apply to claimants who will use the emer-
gency award to replace medical equipment that is necessary for the
claimant's continued survival.

Section two of the bill provides that this act shall take effect imme-
diately.

EXISTING LAW: Currently, crime victims who will most likely receive an
award pursuant to Executive Law Article 22 may obtain emergency awards
of $500, with an aggregate limit for all emergency awards of $2,500,
when undue hardship will result to the crime victim if he or she is
required to wait until a determination on his or her award claim been
made before he or she can receive any funds.

JUSTIFICATION: In the commission of a crime, medical equipment may be
damaged or stolen. Insurance may not always cover replacement of such
equipment. This legislation will, in special cases, allow for a higher
emergency award to cover the cost of replacing important medical equip-
ment when such replacement is not covered under Medicaid or private
insurance.

LEGISLATIVE HISTORY: 2012: S.1985 - Reported to Finance 2011: S.1985 -
Referred to Crime Victims, Crime and Correction 2010: S.2587 - 3rd Read-
ing 2009: S.2587 - Reported to Finance 2007-8: S.3718 - Passed Senate
both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  2745

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 crime victims emergen-
  cy awards used to replace certain medical equipment

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

  Section 1. Section 630 of the executive law, as amended by section  21
of  part  A-1  of  chapter 56 of the laws of 2010, is amended to read as
follows:
  S 630. Emergency awards. 1. Notwithstanding the provisions of  section
six  hundred  twenty-seven of this article, if it appears to the office,
that such claim is one with respect to which an award probably  will  be
made,  and  undue  hardship  will  result  to  the claimant if immediate
payment is not made, the office may make one or more emergency awards to
the claimant pending a final decision of the office  or  payment  of  an
award  in  the  case,  provided,  however, that the total amount of such
emergency awards shall  not  exceed  twenty-five  hundred  dollars.  The
amount  of  such emergency awards shall be deducted from any final award
made to the claimant, and the excess of the amount of any such emergency
award over the amount of the final award, or  the  full  amount  of  any
emergency  awards  if  no  final  award  is made, shall be repaid by the
claimant to the office.  AN EXCEPTION TO SUCH LIMITATION SHALL  BE  MADE
WHERE  THE  CLAIMANT  WILL  USE  THE  EMERGENCY AWARD TO REPLACE MEDICAL
EQUIPMENT NOT COVERED BY THE MEDICAL ASSISTANCE  PROGRAM  OR  ANY  OTHER
INSURANCE  COVERAGE,  AND  SUCH  MEDICAL  EQUIPMENT IS NECESSARY FOR THE
CONTINUED SURVIVAL OF THE CLAIMANT.
  2. Notwithstanding the provisions of section six hundred  twenty-seven
of this article, local crime victim service programs shall be authorized
to  provide  emergency  awards  to  crime victims for essential personal
property, medical  treatment  AND  EQUIPMENT,  shelter  costs,  security

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07264-01-3

S. 2745                             2

services,  counseling  and transportation the total amount of such emer-
gency awards not to exceed five hundred dollars; PROVIDED, HOWEVER, THAT
WHERE THE CLAIMANT WILL USE  THE  EMERGENCY  AWARD  TO  REPLACE  MEDICAL
EQUIPMENT  NOT  COVERED  BY  THE MEDICAL ASSISTANCE PROGRAM OR ANY OTHER
INSURANCE COVERAGE, AND SUCH MEDICAL  EQUIPMENT  IS  NECESSARY  FOR  THE
CONTINUED  SURVIVAL OF THE CLAIMANT, THERE SHALL BE NO LIMITATION ON THE
AMOUNT OF THE EMERGENCY AWARD. These programs shall be reimbursed by the
office, pursuant to the provisions of this article, if it is subsequent-
ly determined that the victim  is  an  eligible  claimant.  Local  crime
victim  service  programs  shall  be  authorized  to  establish  special
accounts for this purpose. The office shall initiate a program to assist
local crime victim service programs in establishing special accounts  to
provide emergency awards, within amounts designated for that purpose.
  S 2. This act shall take effect immediately.

S2745A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4645B
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1985, A4040
2009-2010: S2587, A3142

S2745A (ACTIVE) - Bill Texts

view summary

Relates to crime victim emergency awards when the award is used to replace medical equipment necessary for the survival of the claimant.

view sponsor memo
BILL NUMBER:S2745A

TITLE OF BILL: An act to amend the executive law, in relation to
certain crime victim compensation benefits

PURPOSE: To provide more financial aid to victims of a crime where
medical equipment was stolen or damaged and needs to be replaced.

SUMMARY OF PROVISIONS:

Section one amends section 630 of the Executive Law to provide that
the $500 individual award limitation, for emergency awards does not
apply to claimants who will use the emergency award to replace medical
equipment. An award of $10,000 will be allowed for medical equipment
that is necessary for the claimant's continued survival.

Section two of the bill provides that this act shall take effect
immediately.

EXISTING LAW: Currently, crime victims who will most likely receive an
award pursuant to Executive Law Article 22 may obtain emergency awards
of $500.

JUSTIFICATION: In the commission of a crime, medical equipment may be
damaged or stolen. Insurance may not always cover replacement of such
equipment. This legislation will, in special cases, allow for a higher
emergency award to cover the cost of replacing important medical
equipment when such replacement is not covered under Medicaid or
private insurance.

LEGISLATIVE HISTORY: 2012: S.1985 - Reported to Finance 2011: S.1985 -
Referred to Crime Victims, Crime and Correction 2010: S.2587 - 3rd
Reading 2009: S.2587 - Reported to Finance 2007-8: S.3718 - Passed
Senate both years

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: January 1, 2015

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

                                 2745--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- recommitted to the Committee on Crime Victims, Crime and
  Correction in accordance with Senate Rule 6, sec. 8 -- reported favor-
  ably  from said committee and committed to the Committee on Finance --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend the executive law, in relation to certain crime victim
  compensation benefits

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

  Section  1.    Subdivision  9  of section 631 of the executive law, as
amended by section 30 of part E of chapter 58 of the laws  of  1998,  is
amended to read as follows:
  9.  Any  award made for the cost of repair or replacement of essential
personal property, including cash losses of essential personal property,
shall be limited to an amount of five hundred dollars, except  that  all
cash  losses  of  essential  personal  property  shall be limited to the
amount of one hundred dollars. IN THE CASE OF MEDICALLY NECESSARY  LIFE-
SUSTAINING EQUIPMENT WHICH WAS LOST OR DAMAGED AS THE DIRECT RESULT OF A
CRIME, THE AWARD SHALL BE LIMITED TO THE AMOUNT OF TEN THOUSAND DOLLARS.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07264-04-4

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