NY State Senate Bill 2021-S7573A

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 26, 2022	print number 7573a
May 26, 2022	amend and recommit to crime victims, crime and correction
Jan 05, 2022	referred to crime victims, crime and correction
Dec 08, 2021	referred to rules

Bill Amendments

Original

A (Active)

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2021-S7573 - Details

See Assembly Version of this Bill:: A8619
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§621, 625, 627 & 631, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S214, A2105

2021-S7573 - Summary

Expands eligibility for victims and survivors of crime to access victim compensation funds by removing the mandatory law enforcement reporting requirement and providing alternative forms of evidence that would show that a qualifying crime was committed.

2021-S7573 - Sponsor Memo

                                 
BILL NUMBER: S7573

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding eligibility
for victims and survivors of crime to access victim compensation funds
by removing the mandatory law enforcement reporting requirement and
providing alternative forms of evidence that would show that a qualify-
ing crime was committed

 
PURPOSE:

To expand eligibility for victims and survivors of crime to access
victim compensation funds by removing the mandatory law enforcement
reporting requirement and providing alternative forms of evidence that
would show that a qualifying crime was committed.

 
SUMMARY OF SPECIFICATION PROVISIONS:

Section 1 amends the definition of "crime" to clarify that a crime may
be committed, regardless of whether any "suspect" was arrested or

convicted or whether the victim/survivor interacted with law enforce-
ment.

Section 2 increases the time a victim/survivor may file a victim compen-
sation claim with the Office of Victim Services (OVS) from one year to
seven years.

Section 3 clarifies that the investigation and determination of claims
must be made regardless of whether a "suspect" has been arrested or
charged.

Section 4 removes the requirement that a crime be reported to a law
enforcement agency "promptly" and within one week of the occurrence of
the crime and instead, allows for reporting "within a reasonable time
considering all the circumstances, including the victim's physical,
emotional and mental condition and family situation."  Additionally,
Section 4 provides alternatives to the law enforcement reporting
requirement by allowing for certain evidence to be provided to show that
a qualifying crime has occurred. Such alternatives include: (i) a writ-
ten statement from a victim services provider; (ii) a statement provided
by a witness to the qualifying crime; (iii) a self-attesting statement
from the victim that a crime was committed against them; (iv) a tempo-
rary or permanent order of protection; (v) a statement from a licensed
medical provider; (vi) a video, audio or photographic recording or the
commission of the qualifying crime.

Section 5 provides an immediate effective date.

 
JUSTIFICATION:

When a citizen suffers from the impact of criminal violence, the govern-
ment has a moral responsibility to provide financial relief for the harm
they suffered. Victim compensation is a form of financial relief a
government can provide to right the injustices victims and survivors of
violence experience and enhance public safety.


In 1984, Congress established the Victims of Crime Act (VOCA) to provide
Federal oversight and support to state-administered victims compensation
programs across the country responsible for assisting victims and survi-
vors of crime. VOCA established the Office of Victims of Crime to admin-
ister the Crime Victims Fund, which consists of non-taxpayer dollars
collected from fines and fees associated with Federal crimes. These
funds are used to compensate victims and survivors for costs, including
hospital bills, burial expenses, temporary housing, or replacing locks.
Eligibility to receive compensation varies from state to state, but the
general requirements include: (1) a showing of physical injury; (2)
reporting the crime to law enforcement; (3) not being involved in the
reported crime; (4) applying within a required time period; and (5)
mandated cooperation with law enforcement and prosecutors in the inves-
tigation of such crime.

Critics of victim compensation programs argue that they are largely
symbolic, as the most victimized groups are not the primary benefici-
aries of these services. These inequities fall across race and class
lines, where White women above the age of 55 living in non-urban areas
with incomes greater than $75,000 a year are the largest recipients of
services even though Black men under age 35 living in urban areas with
annual incomes below $25,000 experience the highest rates of victimiza-
tion. These inequities are the result of many barriers, including
mandated reporting to and interaction with law enforcement, limited
period that reports must be made and application must be filed,
reduction or exclusion from award amounts due to contributory conduct or
prior convictions, definition of harm restricted to physical injury, and
lack of public awareness about victim compensation funds.

Victims and survivors often do not report their crimes for a variety of
reasons, including fear of retaliation, mistrust in law enforcement, the
age and/or other demographics of a victim/survivor, or the dynamics of
an intimate partner relationship. According to the U.S. Department of
Justice Bureau of Justice Statistics (DOJ BJS) National Crime Victimiza-
tion Survey (NCVS), 5,813,410 violent victimizations occurred in 2019.
Of those victimizations, 59 percent (roughly, 3,429,912) were not
reported to law enforcement officials.  NCVS also reported that in 2019,
only 7.7% of victims/survivors of violent crimes received assistance
from victim service agencies. This data suggests that more than 90% of
victims and survivors of violent crimes have a low likelihood of receiv-
ing necessary services or support due to non-reporting.

In New York, in order to qualify for victim compensation, a
victim/survivor must, among other things: (1) report the crime to a law
enforcement agency within one week; (2) file for compensation within a
year of the date of crime, unless good cause is shown; and (3) cooperate
with law enforcement in any ongoing investigation of the crime. While
Federal law requires a State's crime victim compensation program to
"promote victim cooperation with the reasonable requests of law enforce-
ment," it does not, however, require a victim/survivor to report such
crime to law enforcement, nor does it require a specified timeline for
reporting a crime or filing a compensation claim, though over time, many
states have interpreted it as such.

This legislation would remove New York's onerous mandated law enforce-
ment reporting requirement by expanding eligibility for victims and
survivors of qualifying crimes. This bill achieves this by changing the
law in three major ways:(1) changing the amount of time, outside of
having good cause for delay, that a victim is required to file a claim
with OVS from one year to seven years; (2) changing the amount of time
that a victim is required to report a crime to proper authorities from
one week to a reasonable time considering all the circumstances;
(3)expanding the type of evidence victims may use to show that a quali-
fied crime has occurred.

This legislative fix would not only clarify and refine current law, but
provide greater access of funds to many overlooked victims of violence,
including domestic violence victims/survivors, LGBTQ victims/survivors,
immigrant victims/survivors, gun violence victims/survivors and
victims/survivors of police violence.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None. This legislation expands the eligibility requirements but does not
require a new funding line.

 
EFFECTIVE DATE:
Immediately.

2021-S7573 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7573
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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 expanding  eligibility
   for victims and survivors of crime to access victim compensation funds
   by  removing  the  mandatory law enforcement reporting requirement and
   providing alternative forms of evidence that would show that a  quali-
   fying crime was committed
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
 tive law, as amended by chapter 710 of the laws of 1996, is  amended  to
 read as follows:
   (a)  an act committed in New York state which would, if committed by a
 mentally competent  criminally  responsible  adult,  who  has  no  legal
 exemption or defense, constitute a crime as defined in and proscribed by
 law,  REGARDLESS  OF  WHETHER  ANY SUSPECT WAS ARRESTED, CHARGED, APPRE-
 HENDED OR PROSECUTED FOR THE COMMISSION OF THE ACT OR WHETHER THE CLAIM-
 ANT HAS INTERACTED WITH A CRIMINAL  JUSTICE  AGENCY  INVESTIGATING  SUCH
 ACT; or
   §  2. Subdivision 2 of section 625 of the executive law, as amended by
 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended  to
 read as follows:
   2.  A  claim  must  be filed by the claimant not later than [one year]
 SEVEN YEARS after the occurrence or discovery of the  crime  upon  which
 such  claim  is  based,  [one  year]  SEVEN  YEARS after a court finds a
 lawsuit to be frivolous, or not later than [one year] SEVEN YEARS  after
 the  death of the victim, provided, however, that upon good cause shown,
 the office may extend the time for filing. The office shall  extend  the
 time  for  filing  where  the  claimant  received  no notice pursuant to
 section six hundred twenty-five-a of this article and had  no  knowledge

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13945-01-1
 S. 7573                             2

 
 of eligibility pursuant to section six hundred twenty-four of this arti-
 cle.
   §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
 law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   (c) the investigation and determination of claims regardless of wheth-
 er the alleged criminal has been ARRESTED, CHARGED, apprehended or pros-
 ecuted  for  or  convicted of any crime based upon the same incident, or
 has been acquitted, or found not guilty of the crime in  question  owing
 to criminal irresponsibility or other legal exemption;
   §  4. 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[,]; (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) EITHER: (I) 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. Notwithstanding the fore-
 going  provisions of this subdivision, in cases involving 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 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 agency 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[.]; OR (II) EVIDENCE IS PROVIDED TO SHOW THAT A  QUALI-
 FYING  CRIME HAS OCCURRED. THIS EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED
 TO, THE FOLLOWING:
   (A) A WRITTEN STATEMENT PROVIDED BY A VICTIM SERVICES PROVIDER WHO HAS
 PROVIDED SERVICES TO THE VICTIM OF THE CRIME, OR OTHER  ELIGIBLE  CLAIM-
 ANTS  AS  IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE,
 IN RESPONSE TO THE IMPACT OF THE QUALIFYING CRIME;
   (B) A STATEMENT PROVIDED BY A WITNESS TO THE QUALIFYING CRIME;
   (C) A STATEMENT FROM THE VICTIM ATTESTING  TO  THE  VICTIM'S  PERSONAL
 PHYSICAL  INJURY  OR  THE  EXACERBATION  OF A PREEXISTING DISABILITY, OR
 CONDITION PROVIDED THAT THE OFFICE SHALL NOT REQUIRE THE  DISCLOSURE  OF
 CONFIDENTIAL INFORMATION RELATING TO SUCH PHYSICAL INJURY;
   (D)  A  TEMPORARY  OR  PERMANENT RESTRAINING ORDER OR PROTECTIVE ORDER
 ISSUED BY A COURT TO PROTECT OR SEPARATE THE VICTIM, OR  OTHER  ELIGIBLE
 CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTI-
 CLE, FROM THE PERSON WHO IS RESPONSIBLE FOR THE QUALIFYING CRIME;
   (E)  A STATEMENT FROM A LICENSED MEDICAL PROVIDER, PHYSICIAN'S ASSIST-
 ANT, NURSE PRACTITIONER OR OTHER PERSON LICENSED TO PROVIDE  MEDICAL  OR
 MENTAL  HEALTH  CARE  DOCUMENTING  THAT  THE VICTIM EXPERIENCED PHYSICAL
 INJURY OR THE EXACERBATION OF A PREEXISTING DISABILITY, OR CONDITION  AS
 A RESULT OF THE QUALIFYING CRIME; OR
   (F) A VIDEO, AUDIO, OR PHOTOGRAPHIC RECORDING OF THE COMMISSION OF THE
 QUALIFYING CRIME.
 S. 7573                             3
 
   For  the purposes of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 ney'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 or family offense a criminal
 justice agency 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 arti-
 cle nine-B of the social services law, and any medical  facility  estab-
 lished  under  the  laws  of the state that provides a forensic physical
 examination for victims of rape and sexual assault.
   § 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S7573A (ACTIVE) - Details

See Assembly Version of this Bill:: A8619
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§621, 625, 627 & 631, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S214, A2105

2021-S7573A (ACTIVE) - Summary

2021-S7573A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7573A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the executive law, in relation to expanding eligibility
for victims and survivors of crime to access victim compensation funds
by removing the mandatory law enforcement reporting requirement and
providing alternative forms of evidence that would show that a qualify-
ing crime was committed

 
PURPOSE:

To expand eligibility for victims and survivors of crime to access
victim compensation funds by removing the mandatory law enforcement
reporting requirement and providing alternative forms of evidence that
would show that a qualifying crime was committed.

 
SUMMARY OF SPECIFICATION PROVISIONS:

Section 1 amends the definition of "crime" to clarify that a crime may
be committed, regardless of whether any "suspect" was arrested or

convicted or whether the victim/survivor interacted with law enforce-
ment.

Section 2 increases the time a victim/survivor may file a-victim compen-
sation claim with the Office of Victim Services (OVS) from one year to
three years.

Section 3 clarifies that the investigation and determination of claims
must be made regardless of whether a "suspect" has been arrested or
charged.

Section 4 removes the requirement that a crime be reported to a law
enforcement agency "promptly" and within one week of the occurrence of
the crime and instead, allows for reporting "within a reasonable time
considering all the circumstances, including the victim's physical,
emotional and mental condition and family situation."  Additionally,
Section 4 provides alternatives to the law enforcement reporting
requirement by allowing for certain evidence to be provided to show that
a qualifying crime has occurred. Such alternatives include: (i) a writ-
ten statement from a victim services provider; (ii) a statement provided
by a witness to the qualifying crime; (iii) a self-attesting statement
from the victim. that a crime was committed against them; (iv) a tempo-
rary or permanent order of protection; (v) a statement from a licensed
medical provider; (vi) a video, audio or photographic recording or the
commission of the qualifying crime.

Section 5 provides an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

The amended version changes the length of time a victim may file a
victim compensation claim with OVS to three years and makes technical
changes to clarify the process of OVS reviewing evidence.

 
JUSTIFICATION:


When a citizen suffers from the impact of criminal violence, the govern-
ment has a moral responsibility to provide financial relief for the harm
they suffered. Victim compensation is a form of financial relief a
government can provide to right the injustices victims and survivors of
violence experience and enhance public 'safety.

In 1984, Congress established the Victims of Crime Act (VOCA) to provide
Federal oversight and support to state-administered victims compensation
programs across the country responsible for assisting victims and survi-
vors of crime. VOCA established the Office of Victims of Crime to admin-
ister the Crime Victims Fund, which consists of non-taxpayer dollars
collected from fines and fees associated with Federal crimes. These
funds are used to compensate victims and survivors for costs, including
hospital bills, burial expenses, temporary housing, or replacing locks.
Eligibility to receive compensation varies from state to state, but the
general requirements include: (1) a showing of physical injury; (2)
reporting the crime to law enforcement; (3) not being involved in the
reported crime; (4) applying within a required time period; and (5)
mandated cooperation with law enforcement and prosecutors in the inves-
tigation of such crime.

Critics of victim compensation programs argue that they are largely
symbolic, as the most victimized groups are not the primary benefici-
aries of these services. These inequities fall across race and class
lines, where White women above the age of 55 living in non-urban area
with incomes greater than $75,000 a year are the largest recipients of
services even though Black men under age 35 living in urban areas with
annual incomes below $25,000 experience the highest rates of victimiza-
tion. These inequities are the result of many barriers, including
mandated reporting to and interaction with law enforcement, limited
period that reports must be made and application must be filed,
reduction or.exclusion from award amounts due to contributory conduct or
prior convictions, definition of harm restricted to physical injury, and
lack of public awareness about victim compensation funds.

Victims and survivors often do not report their crimes for a variety of
reasons, including fear of retaliation, mistrust in law enforcement, the
age and/or other demographics of a victim/survivor, or the dynamics of
an intimate partner relationship. According to the U.S. Department of
Justice Bureau of Justice Statistics (D0j BJS) National Crime Victimiza-
tion Survey (NCVS), 5,813,410 violent victimizations occurred in 2019.
Of those victimizations, 59 percent (roughly, 3,429,912) were not
reported to law enforcement officials.  NCVS also reported that in 2019,
only 7.7% of victims/survivors of violent crimes received assistance
from victim service agencies. This data suggests that more than 90% of
victims and survivors of violent crimes have a low likelihood of receiv-
ing necessary services or support due to non-reporting.

In New York,'in order to qualify for victim compensation, a
victim/survivor must, among other things: (1) report the crime to a law
enforcement agency within one week; (2) file for compensation within a
year of the date of crime, unless good cause is shown; and

(3) cooperate with law enforcement in any ongoing investigation of the
crime. While. Federal as requires a State's crime victim compensation
program to "promote victim cooperation with the reasonable requests of
law enforcement," it does not, however, require a victim/survivor to
report such crime to law enforcement, nor does it require a specified
timeline for reporting a crime or filing a compensation claim, though
over time, many states have interpreted it as such.

This legislation would remove New York's onerous mandated law enforce-
ment reporting requirement by expanding eligibility for victims and
survivors of qualifying crimes. This bill achieves this by changing the
as in three major ways:(1) changing the amount of time, outside of
having good cause for delay, that a victim is required to file a claim
with OVS from one year to three years; (2) changing the amount of time
that a victim is required to report a crime to proper authorities from
one week to a reasonable time considering all the circumstances;
(3)expanding the type of evidence victims may use to show that a quali-
fied crime has occurred.

This legislative fix would not only clarify and refine current law, but
provide greater access of funds to many overlooked victims of violence,
including domestic violence victims/survivors, LGBTQ victims/survivors,
immigrant victims/survivors, dun violence victims/survivors and
victims/survivors of police violence.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None. This legislation expands the eligibility requirements but does not
require a new funding line.

 
EFFECTIVE DATE:
Immediately.

2021-S7573A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7573--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             December 8, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BIAGGI, BRISPORT, BROUK, CLEARE,
   COONEY, GIANARIS, GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY,
   KAVANAGH,  KENNEDY, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR, SEPULVE-
   DA, STAVISKY, THOMAS -- read  twice  and  ordered  printed,  and  when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Crime Victims, Crime  and  Correction  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to expanding  eligibility
   for victims and survivors of crime to access victim compensation funds
   by  removing  the  mandatory law enforcement reporting requirement and
   providing alternative forms of evidence that would show that a  quali-
   fying crime was committed
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
 tive law, as amended by chapter 710 of the laws of 1996, is  amended  to
 read as follows:
   (a)  an act committed in New York state which would, if committed by a
 mentally competent  criminally  responsible  adult,  who  has  no  legal
 exemption or defense, constitute a crime as defined in and proscribed by
 law,  REGARDLESS  OF  WHETHER  ANY SUSPECT WAS ARRESTED, CHARGED, APPRE-
 HENDED OR PROSECUTED FOR THE COMMISSION OF THE ACT OR WHETHER THE CLAIM-
 ANT HAS INTERACTED WITH A CRIMINAL  JUSTICE  AGENCY  INVESTIGATING  SUCH
 ACT; or
   §  2. Subdivision 2 of section 625 of the executive law, as amended by
 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended  to
 read as follows:
   2.  A  claim  must  be filed by the claimant not later than [one year]
 THREE YEARS after the occurrence or discovery of the  crime  upon  which
 such  claim  is  based,  [one  year]  THREE  YEARS after a court finds a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13945-02-2

 S. 7573--A                          2
 
 lawsuit to be frivolous, or not later than [one year] THREE YEARS  after
 the  death of the victim, provided, however, that upon good cause shown,
 the office may extend the time for filing. The office shall  extend  the
 time  for  filing  where  the  claimant  received  no notice pursuant to
 section six hundred twenty-five-a of this article and had  no  knowledge
 of eligibility pursuant to section six hundred twenty-four of this arti-
 cle.
   §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
 law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   (c) the investigation and determination of claims regardless of wheth-
 er the alleged criminal has been ARRESTED, CHARGED, apprehended or pros-
 ecuted  for  or  convicted of any crime based upon the same incident, or
 has been acquitted, or found not guilty of the crime in  question  owing
 to criminal irresponsibility or other legal exemption;
   §  4. 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[,]; (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) EITHER: (I) 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. Notwithstanding the fore-
 going  provisions of this subdivision, in cases involving 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 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 agency 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[.]; OR (II) SATISFACTORY EVIDENCE IS PROVIDED  TO  SHOW
 THAT  SUCH CRIME OCCURRED. SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED
 TO, ONE OR MORE OF THE FOLLOWING:
   (A) A WRITTEN STATEMENT PROVIDED BY A VICTIM SERVICES PROVIDER WHO HAS
 PROVIDED SERVICES TO THE VICTIM OF THE CRIME, OR OTHER  ELIGIBLE  CLAIM-
 ANTS  AS  IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE,
 IN RESPONSE TO THE IMPACT OF THE QUALIFYING CRIME;
   (B) A STATEMENT PROVIDED BY A WITNESS TO THE QUALIFYING CRIME;
   (C) A STATEMENT FROM THE VICTIM ATTESTING  TO  THE  VICTIM'S  PERSONAL
 PHYSICAL  INJURY  OR  THE  EXACERBATION  OF A PREEXISTING DISABILITY, OR
 CONDITION PROVIDED THAT THE OFFICE SHALL NOT REQUIRE THE  DISCLOSURE  OF
 CONFIDENTIAL INFORMATION RELATING TO SUCH PHYSICAL INJURY;
   (D)  A  TEMPORARY  OR  PERMANENT RESTRAINING ORDER OR PROTECTIVE ORDER
 ISSUED BY A COURT TO PROTECT OR SEPARATE THE VICTIM, OR  OTHER  ELIGIBLE
 CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTI-
 CLE, FROM THE PERSON WHO IS RESPONSIBLE FOR THE QUALIFYING CRIME;
   (E)  A STATEMENT FROM A LICENSED MEDICAL PROVIDER, PHYSICIAN'S ASSIST-
 ANT, NURSE PRACTITIONER OR OTHER PERSON LICENSED TO PROVIDE  MEDICAL  OR
 MENTAL  HEALTH  CARE  DOCUMENTING  THAT  THE VICTIM EXPERIENCED PHYSICAL
 S. 7573--A                          3
 
 INJURY OR THE EXACERBATION OF A PREEXISTING DISABILITY, OR CONDITION  AS
 A RESULT OF THE QUALIFYING CRIME; OR
   (F) A VIDEO, AUDIO, OR PHOTOGRAPHIC RECORDING OF THE COMMISSION OF THE
 QUALIFYING CRIME.
   For  the purposes of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 ney'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 or family  offense  a  criminal
 justice  agency  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  arti-
 cle  nine-B  of the social services law, and any medical facility estab-
 lished under the laws of the state that  provides  a  forensic  physical
 examination for victims of rape and sexual assault.
   § 5. This act shall take effect immediately.

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Senate Bill S7573A

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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