NY State Senate Bill 2019-S6353

Senate Bill S6353

Signed By Governor

2019-2020 Legislative Session

Relates to the definition of a "child victim" and to awards for certain child victims

download bill text pdf

Archive: Last Bill Status Via A7051 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 21, 2019	signed chap.178
Aug 12, 2019	delivered to governor
Jun 17, 2019	returned to assembly passed senate 3rd reading cal.1451 substituted for s6353
Jun 17, 2019	substituted by a7051 ordered to third reading cal.1451
Jun 06, 2019	referred to rules

Votes

- Jun 17, 2019 - Floor Vote
  A7051
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S6353
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

co-Sponsors

2019-S6353 (ACTIVE) - Details

See Assembly Version of this Bill:: A7051
Law Section:: Executive Law
Laws Affected:: Amd §§621 & 631, Exec L

2019-S6353 (ACTIVE) - Summary

Relates to the definition of a "child victim" and to awards for certain child victims.

2019-S6353 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6353

SPONSOR: MONTGOMERY
 
TITLE OF BILL:  An act to amend the executive law, in relation to the
definition of "child victims" and to awards for certain child victims

 
PURPOSE OF THE BILL:

The purpose of this measure is to expand the definition of "child
victim" to include victims less than 18 years old, who suffer physical,
mental or emotional injury, loss or damage as a result of any violation
enumerated in Article 22 of the Executive Law - committed against, or
witnessed by such child.

 
SUMMARY OF PROVISIONS:

Section one would amend subdivision 11 of section 621 of the Executive
Law, expanding the definition of "child victim" to include any
violations enumerated in subdivision 12 of section 631 of the Executive
Law.

Section two would amend subdivision 17 of section 631 of the Executive
Law, to include any violation enumerated in subdivision 12 of section
631 of the Executive Law committed against, or witnessed by a non-in-
jured child victim, so that such victim would be eligible for certain,
reimbursable expenses.

Section three is the effective date.

 
JUSTIFICATION:

Under current law, to be eligible for reimbursement for crime-related
expenses, one must be a victim of a crime (i.e., a misdemeanor or felo-
ny) unless otherwise stated. The current definition of "child victim"
states that they be a victim of, or witness a crime (to the exclusion of
any violation).

Current law contains internal conflicts. The statute governing OVS
limits reimbursement for crime-related expenses to victims of a crime
(i.e., a misdemeanor or felony) unless otherwise stated. The current
definition of "child victim," however, states that they be a victim of,
or witness a crime (to the exclusion of any violation).

There is currently one violation enumerated in subdivision 12 of section
631 of the Executive Law. A child who is a victim of this enumerated
violation is considered eligible for certain crime-related expenses,
despite the current wording in definition. Though there is no impact on
such victim, this measure would nonetheless resolve that conflict.

There is a more significant and related conflict, however, which needs
to be resolved. A child victim who simply witnesses this violation
committed against somebody else, e.g., his or he parent, would not be
eligible - even when his or her parent would be eligible for assistance
from the Office. Though this is a very specific set of circumstances
which will likely result in few claims, such a change would be greatly
beneficial to those who would need the reimbursement.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

This measure would have minimal fiscal impact for the OVS.

 
EFFECTIVE DATE:
This act shall take effect on the one-hundred eightieth day after it
shall have become law and apply to all claims filed on or after such
effective date.

2019-S6353 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6353
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2019
                                ___________
 
 Introduced  by Sens. MONTGOMERY, PERSAUD -- (at request of the Office of
   Victim Services) -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Rules
 
 AN  ACT  to  amend  the  executive law, in relation to the definition of
   "child victims" and to awards for certain child victims

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  11  of  section 621 of the executive law, as
 amended by chapter 56 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   11.  For  purposes  of this article "child victim" shall mean a person
 less than  eighteen  years  of  age  who  suffers  physical,  mental  or
 emotional  injury,  or  loss or damage, as a direct result of a crime OR
 ANY VIOLATION LISTED IN SUBDIVISION TWELVE OF SECTION SIX HUNDRED  THIR-
 TY-ONE  OF  THIS  ARTICLE,  or  as a result of witnessing a crime OR ANY
 VIOLATION LISTED IN SUBDIVISION TWELVE OF SECTION SIX HUNDRED THIRTY-ONE
 OF THIS ARTICLE.
   § 2. Subdivision 17 of section 631 of the executive law, as  added  by
 chapter 272 of the laws of 2009, is amended to read as follows:
   17. Notwithstanding the provisions of subdivision one of this section,
 where  a child victim has not been physically injured as a direct result
 of a crime OR  ANY  VIOLATION  LISTED  IN  SUBDIVISION  TWELVE  OF  THIS
 SECTION, or has witnessed a crime OR ANY VIOLATION LISTED IN SUBDIVISION
 TWELVE  OF THIS SECTION in which no physical injury occurred, the claim-
 ant shall only be eligible for an award that includes  the  unreimbursed
 cost  of  repair  or  replacement  of essential personal property of the
 child victim that has been lost, damaged or destroyed as a direct result
 of a crime OR  ANY  VIOLATION  LISTED  IN  SUBDIVISION  TWELVE  OF  THIS
 SECTION,  transportation expenses incurred by the claimant for necessary
 court appearances of the child victim in connection with the prosecution
 of such crimes, and, if counseling is commenced within one year from the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09237-01-9

 S. 6353                             2
 
 date of the incident or its discovery,  (1)  the  unreimbursed  cost  of
 counseling  provided  to  the  child  victim  on  account  of  mental or
 emotional stress resulting from the incident in which the crime  OR  ANY
 VIOLATION  LISTED IN SUBDIVISION TWELVE OF THIS SECTION occurred, and/or
 (2) the unreimbursed cost of counseling provided to the claimant  eligi-
 ble  under paragraph (h) of subdivision one of section six hundred twen-
 ty-four of this article and resulting from the  incident  in  which  the
 crime  OR  ANY  VIOLATION  LISTED  IN SUBDIVISION TWELVE OF THIS SECTION
 occurred.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S6353

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Sponsored By

Velmanette Montgomery