S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6167
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 21, 2019
                                ___________
 
 Introduced  by  Sen.  PERSAUD  --  (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 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
              

 S. 6167                             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.