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.