S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7079
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 4, 2019
                                ___________
 
 Introduced  by  M.  of A. McMAHON, TITUS -- (at request of the Office of
   Victim Services) -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law, in relation  to  victim  compensation
   for unlawful surveillance crimes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 11 of section 631  of  the  executive  law,  as
 amended  by  section  1  of part G of chapter 55 of the laws of 2017, is
 amended to read as follows:
   11. Notwithstanding the provisions of subdivisions one, two and  three
 of  this section, an individual who was a victim of either the crime of:
 menacing in the second degree as defined in subdivision one  of  section
 120.14  of  the  penal  law;  menacing in the third degree as defined in
 section 120.15 of the penal law;  unlawful  imprisonment  in  the  first
 degree  as defined in section 135.10 of the penal law; kidnapping in the
 second degree as defined in section 135.20 of the penal law;  kidnapping
 in the first degree as defined in section 135.25 of the penal law; crim-
 inal  mischief  in  the  fourth degree as defined in subdivision four of
 section 145.00 of the penal law; robbery in the third degree as  defined
 in  section  160.05  of  the  penal law; robbery in the second degree as
 defined in subdivision one, paragraph [b]  (B)  of  subdivision  two  or
 subdivision  three  of  section 160.10 of the penal law; [or] robbery in
 the first degree as defined in  subdivisions  two,  three  and  four  of
 section  160.15  of  the  penal law; UNLAWFUL SURVEILLANCE IN THE SECOND
 DEGREE AS DEFINED IN SECTION  250.45  OF  THE  PENAL  LAW;  OR  UNLAWFUL
 SURVEILLANCE  IN  THE  FIRST  DEGREE AS DEFINED IN SECTION 250.50 OF THE
 PENAL LAW who has not been physically injured as a direct result of such
 crime shall only be eligible for an award that includes loss of earnings
 and the unreimbursed costs of counseling  provided  to  such  victim  on
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09232-01-9
              

 A. 7079                             2
 
 account  of  mental  or  emotional stress resulting from the incident in
 which the crime occurred.
   § 2. Subdivision 12 of section 631 of the executive law, as amended by
 chapter 204 of the laws of 2018, is amended to read as follows:
   12.  Notwithstanding the provisions of subdivisions one, two and three
 of this section, an individual who was a victim of either the  crime  of
 menacing  in the second degree as defined in subdivision two or three of
 section 120.14 of the penal law, menacing in the first degree as defined
 in section 120.13 of the penal law, criminal obstruction of breathing or
 blood circulation as defined in section 121.11 of the penal law, harass-
 ment in the second degree as defined in section 240.26 of the penal law,
 harassment in the first degree as defined in section 240.25 of the penal
 law, aggravated harassment in the second degree as defined  in  subdivi-
 sion  three  or  five  of  section  240.30  of the penal law, aggravated
 harassment in the first degree as defined in subdivision two of  section
 240.31  of  the  penal  law,  criminal  contempt  in the first degree as
 defined in subdivision (b) or subdivision (c) of section 215.51  of  the
 penal  law,  or stalking in the fourth, third, second or first degree as
 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal  law,
 respectively,  OR DISSEMINATION OF AN UNLAWFUL SURVEILLANCE IMAGE IN THE
 SECOND OR FIRST DEGREE AS DEFINED IN SECTIONS 250.55 AND 250.60, RESPEC-
 TIVELY, or a hate crime as defined in section 485.05 of  the  penal  law
 who  has  not  been  physically injured as a direct result of such crime
 shall only be eligible for an award that includes  loss  of  earning  or
 support,  the  unreimbursed  cost  of repair or replacement of essential
 personal property that has been lost, damaged or destroyed as  a  direct
 result  of  such  crime,  the  unreimbursed cost for security devices to
 enhance the personal protection of such victim, the cost of residing  at
 or  utilizing  services  provided  by  shelters for battered spouses and
 children as provided in subdivision one of section six  hundred  twenty-
 six  of  this  article,  transportation  expenses incurred for necessary
 court appearances in connection with the prosecution of such crime,  the
 unreimbursed  costs  of counseling provided to such victim on account of
 mental or emotional stress resulting from  the  incident  in  which  the
 crime  occurred, the unreimbursed cost of crime scene cleanup and secur-
 ing a crime scene, reasonable relocation expenses, and for  occupational
 or  job  training.  For  purposes  of this subdivision, "necessary court
 appearances" shall include, but not be limited to,  any  part  of  trial
 from  arraignment  through  sentencing,  pre and post trial hearings and
 grand jury hearings.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.