S T A T E O F N E W Y O R K
________________________________________________________________________
7011
2021-2022 Regular Sessions
I N S E N A T E
May 24, 2021
___________
Introduced by Sen. SEPULVEDA -- (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 the information neces-
sary to investigate compensation claims
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 623 of the executive law, as
amended by section 8 of part A-1 of chapter 56 of the laws of 2010, is
amended to read as follows:
4. To request from the division of state police, from county or munic-
ipal police departments and agencies and from any other state or munici-
pal department or agency, or public authority, and the same are hereby
authorized to, AND SHALL provide, such assistance and data as will
enable the office to carry out its functions and duties.
§ 2. Subdivision 1 of section 631 of the executive law, as separately
amended by chapters 189 and 295 of the laws of 2018, is amended to read
as follows:
1. No award shall be made unless the office finds that (a) a crime was
[committed] INDICATED BY CRIMINAL JUSTICE AGENCY RECORDS, (b) such crime
directly resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency records show that such crime was promptly
reported to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the office,
for good cause shown, finds the delay to have been justified. Notwith-
standing the foregoing provisions of this subdivision, in cases involv-
ing an alleged sex offense as contained in article one hundred thirty of
the penal law or incest as defined in section 255.25, 255.26 or 255.27
of the penal law or labor trafficking as defined in section 135.35 of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09622-01-1
S. 7011 2
the penal law or sex trafficking as defined in sections 230.34 and
230.34-a of the penal law or an offense chargeable as a family offense
as described in section eight hundred twelve of the family court act or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances, including the victim's physical, emotional and mental
condition and family situation. For the purposes of this subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department, a district attorney's office, and any other governmental
agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving [such] sex
[offense] OFFENSES or family [offense] OFFENSES a criminal justice agen-
cy shall also mean a family court, a governmental agency responsible for
child and/or adult protective services pursuant to title six of article
six of the social services law and/or title one of article nine-B of the
social services law, and any medical facility established under the laws
of the state that provides a forensic physical examination for victims
of rape and sexual assault. IN THE EVENT THAT INCONSISTENT REPORTS
AMONG TWO OR MORE CRIMINAL JUSTICE AGENCIES EXIST FOR THE SAME INCIDENT,
THE OFFICE SHALL CONSIDER THE TOTALITY OF THE CIRCUMSTANCES AMONG ALL
REPORTS IN ORDER TO ACCOMPLISH THE PURPOSE OF THIS ARTICLE.
§ 3. This act shall take effect immediately.
