senate Bill S4345

Signed By Governor
2013-2014 Legislative Session

Relates to eligibility and awards to certain family members for crime scene clean-up

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Archive: Last Bill Status Via A6899 - 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 12, 2013 signed chap.119
Jul 02, 2013 delivered to governor
Jun 11, 2013 returned to assembly
passed senate
3rd reading cal.1005
substituted for s4345
Jun 11, 2013 substituted by a6899
Jun 10, 2013 advanced to third reading
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1005
May 20, 2013 reported and committed to finance
Mar 21, 2013 referred to crime victims, crime and correction

Votes

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Jun 4, 2013 - Finance committee Vote

S4345
36
0
committee
36
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

May 20, 2013 - Crime Victims, Crime and Correction committee Vote

S4345
12
1
committee
12
Aye
1
Nay
0
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 20, 2013

nay (1)

S4345 - Bill Details

See Assembly Version of this Bill:
A6899
Law Section:
Executive Law
Laws Affected:
Amd §§624 & 631, Exec L

S4345 - Bill Texts

view summary

Relates to eligibility and awards to certain family members for crime scene clean-up.

view sponsor memo
BILL NUMBER:S4345

TITLE OF BILL: An act to amend the executive law, in relation to
eligibility of and awards to certain family members for crime scene
clean-up

Purpose Of Bill: This bill would amend the Executive Law to authorize
the Office of Victim Services (OVS) to make awards for crime scene
clean-up to certain family members who resided with a homicide victim.

Summary of Provisions:

Section one of the bill would add a new paragraph (k) to Executive Law
§ 624(1) to make a surviving spouse, child or stepchild of a homicide
victim eligible for an award for crime scene clean-up, when he or she
shared a residence with the victim.

Section two of the bill would add a new subdivision eighteen to
Executive Law § 631 to authorize an award for crime scene clean-up to
those family members of a homicide victim made eligible in section one
of the bill.

Section three of the bill contains the effective date.

Existing Law: Currently, Executive Law § 631(2) limits an OVS award
to an amount not exceeding "out-of-pocket" expenses. Executive Law
626(1), which defines "out-of-pocket" expenses, limits an award for
family members of a homicide victim to reimbursement for the costs of
counseling. It does not authorize OVS to make an award to a surviving
household member of the homicide victim.

Prior Legislative History: This is a new bill.

Statement in Support: OVS may only make an award for crime scene
clean-up to a surviving victim of a crime. This person is eligible for
such an award, in part, to begin the emotional healing process related
to what may be the most traumatic event in his or her life.

In the instance of a homicide, however, there is no similar provision
which would allow OVS to make such an award to the victim's family who
lived in the same residence. While current law permits OVS to provide
counseling to these family members, it does not permit OVS to make an
award to the same persons for crime scene clean-up. An OVS award for
counseling to these family members is crucial in their emotional
healing. OVS' assistance with cleaning-up any reminders of such crime
is also an important component in such healing.

Budget Implications: This measure will have minimal fiscal impact for
the OVS. Any potential increase in compensation costs would be offset
by an increase in the federal reimbursement for victim compensation.

Effective Date: This bill would take effect 30 days after it becomes
a law.

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

                                  4345

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

Introduced  by  Sen.  GALLIVAN  --  (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 eligibility of and
  awards to certain family members for crime scene clean-up

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

  Section  1.  Subdivision  1  of  section  624  of the executive law is
amended by adding a new paragraph (k) to read as follows:
  (K) A SURVIVING SPOUSE, CHILD OR STEPCHILD OF A VICTIM OF A CRIME  WHO
DIED  AS  A DIRECT RESULT OF SUCH CRIME AND WHERE SUCH CRIME OCCURRED IN
THE RESIDENCE SHARED BY SUCH FAMILY MEMBER OR MEMBERS AND THE VICTIM.
  S 2. Section 631 of the executive law  is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF THIS ARTICLE AND
SUBJECT TO ANY APPLICABLE MAXIMUM AWARD LIMITATIONS  CONTAINED  IN  THIS
SECTION,  WHERE  A  VICTIM HAS DIED AS A DIRECT RESULT OF THE CRIME UPON
WHICH THE CLAIM IS BASED AND THE CRIME OCCURRED IN THE  RESIDENCE  OF  A
PERSON  ELIGIBLE PURSUANT TO PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION
SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE, THE OFFICE  MAY  MAKE  NO  MORE
THAN ONE AWARD FOR CRIME SCENE CLEAN-UP RELATED TO SUCH RESIDENCE.
  S  3.  This  act shall take effect on the thirtieth day after it shall
have become law and shall apply to all original awards made on and after
such date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09006-01-3

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