NY State Senate Bill S8603A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2022	referred to governmental operations delivered to assembly passed senate
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1141
May 04, 2022	print number 8603a
May 04, 2022	amend and recommit to crime victims, crime and correction
Mar 21, 2022	referred to crime victims, crime and correction

Votes

view votes

May 18, 2022 - floor Vote

S8603A

floor

Aye

Nay

Absent

Excused

Abstained

May 9, 2022 - Crime Victims, Crime and Correction committee Vote

S8603A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Crime Victims, Crime and Correction committee vote details

Crime Victims, Crime and Correction Committee Vote: May 9, 2022

aye (6)

aye wr (1)

Gallivan

Bill Amendments

Original

A (Active)

Original

A (Active)

S8603 - Details

Law Section:: Executive Law
Laws Affected:: Amd §§621 & 631, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S303

S8603 - Summary

Increases the amount for awards made to crime victims; specifies certain items of personal property which are necessary and essential to the welfare of a claimant.

S8603 - Sponsor Memo

 
BILL NUMBER: S8603

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to awards made to crime
victims

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify the definitions of "essential personal property" and "proper-
ty necessary and essential to the welfare of the victim" as those terms
are used in the executive law to ensure that crime victims have meaning-
ful access to reimbursement for property lost, damaged, or stolen as the
result of a crime.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 621 of the executive law, as
added by chapter 197 of the laws of 1983, which defines "essential
personal property", by adding two new subdivisions.

The new Subdivision 8(a) clarifies the meaning of personal property
necessary and essential to the welfare of the victim to mean personal
property that was lost, damaged or stolen as a result of the crime for
which reimbursement or replacement is reasonably necessary for the
victim to restore stability and/or a basic standard of living.

The new Subdivision 8(b) states that the office of victim services shall
promulgate rules and regulations for the determination of which property
is included under subdivision 8(a).

Section 2 amends subdivision 9 of section 631 of the executive law, as
amended by chapter 487 of the laws of 2014, by amending the existing
provision and by adding a new subdivisions (b), (c), (d), and (e).

Subdivision 9(a) is amended to raise the limit of awards made for the
cost of repair or replacement of essential personal property from five
hundred dollars to twenty-five hundred dollars.

The new subdivision 9(b) allows the office of victim services to request
estimates or receipts for personal property lost, damaged or stolen as a
result of a crime, but stipulates that the inability of a victim to
provide such estimates or receipts shall not disqualify them from
receiving reimbursement for such items.

The new subdivision 9(c) provides a non-exclusive list of items of
personal property lost, damaged, or stolen as a result of a crime that
are necessary and essential to the welfare of the victim.

The new subdivision 9(d) provides a non-exclusive list of property that
is necessary and essential to the welfare of the victim.

The new subdivision 9(e) allows for the reasonable reimbursement of
property not specifically included in subdivision 9(d) to be determined
by the office of victim services.

Section 3 sets forth the effective date.

 
JUSTIFICATION:

Victims of crimes deserve to be compensated for what they have lost as a
direct result of having suffered a crime. However, the meaning of the
term "welfare" in determining victim awards in this context has been
construed narrowly, depriving some victims of crime of just compen-
sation. This bill clarifies and expands the definition of "welfare" to
allow victims of crime to be compensated for what is necessary to
restore stability in victims' lives and allows victims to achieve a
basic standard of living.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8603 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8603
 
                             I N  S E N A T E
 
                              March 21, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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 awards made to crime
   victims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 8 of section 621 of the executive law, as added
 by chapter 197 of the laws of 1983, is amended to read as follows:
   8. "Essential personal property" shall mean articles of personal prop-
 erty  necessary  and  essential  to the health, welfare or safety of the
 victim.
   (A) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE  WELFARE  OF  THE
 VICTIM SHALL MEAN PERSONAL PROPERTY LOST, DAMAGED, OR STOLEN AS A RESULT
 OF  THE  CRIME  AND FOR WHICH REIMBURSEMENT OR REPLACEMENT IS REASONABLY
 NECESSARY FOR THE VICTIM TO RESTORE STABILITY OR MAINTAIN  A  REASONABLE
 AND/OR BASIC STANDARD OF LIVING.
   (B) THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS FOR THE DETERMI-
 NATION AND APPROVAL OF WHAT CONSTITUTES PROPERTY REASONABLY NECESSARY TO
 RESTORE  OR  MAINTAIN  A  REASONABLE  AND/OR  BASIC  STANDARD  OF LIVING
 CONSISTENT WITH THIS ARTICLE.
   § 2. Subdivision 9 of section 631 of the executive law, as amended  by
 chapter 487 of the laws of 2014, is amended to read as follows
   9.  (A) Any award made for the cost of repair or replacement of essen-
 tial personal property, including  cash  losses  of  essential  personal
 property,  shall  be  limited to an amount of [five] TWENTY-FIVE hundred
 dollars, except that all cash  losses  of  essential  personal  property
 shall  be  limited  to the amount of one hundred dollars. In the case of
 medically necessary life-sustaining equipment which was lost or  damaged
 as  the  direct  result  of  a  crime, the award shall be limited to the
 amount of ten thousand dollars.
   (B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
 THE OFFICE MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES  OR  RECEIPTS
 FOR  PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE CRIME.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15008-01-2
 S. 8603                             2
 
 A CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR  DAMAGED
 PERSONAL  ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
 REIMBURSEMENT FOR SUCH ITEMS. THE OFFICE SHALL CONSIDER  ALL  THE  FACTS
 AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
   (C)  PERSONAL  PROPERTY  NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
 VICTIM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING  ITEMS  LOST,
 DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
   (I) CLOTHING;
   (II) SHOES;
   (III) FURNITURE;
   (IV) APPLIANCES;
   (V) ELECTRONICS; AND
   (VI) BEDDING.
   (D)  PROPERTY  NECESSARY  AND  ESSENTIAL  TO THE WELFARE OF THE VICTIM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) SOFA, COUCH, LOVESEAT, OR CHAIR;
   (II) DINING TABLE;
   (III) BED/MATTRESS;
   (IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
   (V) LAMP;
   (VI) REFRIGERATOR;
   (VII) MICROWAVE;
   (VIII) STOVE;
   (IX) DISHES AND EATING UTENSILS;
   (X) TELEVISION;
   (XI) TELEPHONE OR CELL PHONE;
   (XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
   (XIII) STROLLER.
   (E) ELIGIBLE ESSENTIAL PERSONAL PROPERTY AS SPECIFIED  IN  SUBDIVISION
 (D)  OF THIS SECTION, INCLUDING ANY PROPERTY NOT SPECIFICALLY ENUMERATED
 IN SUBDIVISION (D) OF THIS SECTION, MAY BE REIMBURSED  AT  A  REASONABLE
 RATE  AS  DETERMINED  BY  THE  OFFICE,  PROVIDED THAT SUCH RATE DOES NOT
 EXCEED TWENTY-FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.

S8603A (ACTIVE) - Details

Law Section:: Executive Law
Laws Affected:: Amd §§621 & 631, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S303

S8603A (ACTIVE) - Summary

Increases the amount for awards made to crime victims; specifies certain items of personal property which are necessary and essential to the welfare of a claimant.

S8603A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8603A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to awards made to crime
victims

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify the definitions of "essential personal property" and "proper-
ty necessary and essential to the welfare of the victim" as those terms
are used in the executive law to ensure that crime victims have meaning-
ful access to reimbursement for property lost, damaged, or stolen as the
result of a crime.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 621 of the executive law, as
added by chapter 197 of the laws of 1983, which defines "essential
personal property", by adding two new subdivisions.

The new Subdivision 8(a) clarifies the meaning of personal property
necessary and essential to the welfare of the victim to mean personal
property that was lost, damaged or stolen as a result of the crime for
which reimbursement or replacement is reasonably necessary for the
victim to restore stability and/or a basic standard of living.

The new Subdivision 8(b) states that the office of victim services shall
promulgate rules and regulations for the determination of which property
is included under subdivision 8(a).

Section 2 amends subdivision 9 of section 631 of the executive law, as
amended by chapter 487 of the laws of 2014, by amending the existing
provision and by adding a new subdivisions (b), (c), (d), and (e).

Subdivision 9(a) amends the current law by increasing the limit of
awards made for the cost of repair or replacement of essential personal
property from five hundred dollars to twenty-five hundred dollars.

The new subdivision 9(b) allows the office of victim services to request
estimates or receipts for personal property lost, damaged or stolen as a
result of a crime, but stipulates that the inability of a victim to
provide such estimates or receipts shall not disqualify them from
receiving reimbursement for such items.

The new subdivision 9(c) provides a non-exclusive list of items of
personal property lost, damaged, or stolen as a result of a crime that
are necessary and essential to the welfare of the victim.

The new subdivision 9(d) provides a non-exclusive list of property that
is necessary and essential to the welfare of the victim.

The new subdivision 9(e) allows for the reasonable reimbursement of
property not specifically included in subdivision 9(d) to be determined
by the office of victim services.

Section 3: Amends the statute as it will be in October 2022 as a result
of the 2022-23 Enacted Budget. The 2022-23 Enacted Budget increased the
monetary cap, however, such change does not take effect until October
2022.

Section 4 provides that this act shall take effect immediately;
provided, however, that section three of this act shall take effect on
the same date and in the same manner as section 1 of part I of chapter
55 of the laws of 2022, takes effect.

 
JUSTIFICATION:

Victims of crimes deserve to be compensated for what they have lost as a
direct result of having suffered a crime. However, the meaning of the
term "welfare" in determining victim awards in this context has been
construed narrowly, depriving some victims of crime of just compen-
sation. This bill clarifies and expands the definition of "welfare" to
allow victims of crime to be compensated for what is necessary to
restore stability in victims' lives and allows victims to achieve a
basic standard of living.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately provided, however, that section
three of this act shall take effect on the same date and in the same
manner as section 1 of part I of chapter 55 of the laws of 2022, takes
effect.

S8603A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8603--A
 
                             I N  S E N A T E
 
                              March 21, 2022
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to amend the executive law, in relation to awards made to crime
   victims

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 8 of section 621 of the executive law, as added
 by chapter 197 of the laws of 1983, is amended to read as follows:
   8. "Essential personal property" shall mean articles of personal prop-
 erty  necessary  and  essential  to the health, welfare or safety of the
 victim.
   (A) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE  WELFARE  OF  THE
 VICTIM  SHALL  MEAN PERSONAL PROPERTY OF A VICTIM THAT IS LOST, DAMAGED,
 OR STOLEN AS A RESULT OF A CRIME AND FOR WHICH REIMBURSEMENT OR REPLACE-
 MENT IS REASONABLY NECESSARY FOR THE  VICTIM  TO  RESTORE  STABILITY  OR
 MAINTAIN A REASONABLE AND/OR BASIC STANDARD OF LIVING.
   (B) THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS FOR THE DETERMI-
 NATION AND APPROVAL OF WHAT CONSTITUTES PROPERTY REASONABLY NECESSARY TO
 RESTORE  OR  MAINTAIN  A  REASONABLE  AND/OR  BASIC  STANDARD  OF LIVING
 CONSISTENT WITH THIS ARTICLE.
   § 2. Subdivision 9 of section 631 of the executive law, as amended  by
 chapter 487 of the laws of 2014, is amended to read as follows:
   9.  (A) Any award made for the cost of repair or replacement of essen-
 tial personal property, including  cash  losses  of  essential  personal
 property,  shall  be  limited to an amount of [five] TWENTY-FIVE hundred
 dollars, except that all cash  losses  of  essential  personal  property
 shall  be  limited  to the amount of one hundred dollars. In the case of
 medically necessary life-sustaining equipment which was lost or  damaged
 as  the  direct  result  of  a  crime, the award shall be limited to the
 amount of ten thousand dollars.
   (B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
 THE OFFICE MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES  OR  RECEIPTS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15008-02-2
 S. 8603--A                          2
 
 FOR  PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE CRIME.
 A CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR  DAMAGED
 PERSONAL  ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
 REIMBURSEMENT  FOR  SUCH  ITEMS. THE OFFICE SHALL CONSIDER ALL THE FACTS
 AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
   (C) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE  WELFARE  OF  THE
 VICTIM  SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ITEMS LOST,
 DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
   (I) CLOTHING;
   (II) SHOES;
   (III) FURNITURE;
   (IV) APPLIANCES;
   (V) ELECTRONICS; AND
   (VI) BEDDING.
   (D) PROPERTY NECESSARY AND ESSENTIAL TO  THE  WELFARE  OF  THE  VICTIM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) SOFA, COUCH, LOVESEAT, OR CHAIR;
   (II) DINING TABLE;
   (III) BED/MATTRESS;
   (IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
   (V) LAMP;
   (VI) REFRIGERATOR;
   (VII) MICROWAVE;
   (VIII) STOVE;
   (IX) DISHES AND EATING UTENSILS;
   (X) TELEVISION;
   (XI) TELEPHONE OR CELL PHONE;
   (XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
   (XIII) STROLLER.
   (E)  ELIGIBLE  ESSENTIAL PERSONAL PROPERTY AS SPECIFIED IN SUBDIVISION
 (D) OF THIS SECTION, INCLUDING ANY PROPERTY NOT SPECIFICALLY  ENUMERATED
 IN  SUBDIVISION  (D)  OF THIS SECTION, MAY BE REIMBURSED AT A REASONABLE
 RATE AS DETERMINED BY THE OFFICE,  PROVIDED  THAT  SUCH  RATE  DOES  NOT
 EXCEED TWENTY-FIVE HUNDRED DOLLARS.
   §  3. Subdivision 9 of section 631 of the executive law, as amended by
 section 1 of part I of chapter 55 of the laws of  2022,  is  amended  to
 read as follows:
   9.  (A) Any award made for the cost of repair or replacement of essen-
 tial personal property, including  cash  losses  of  essential  personal
 property,  shall be limited to an amount of twenty-five hundred dollars,
 except that all cash losses of  essential  personal  property  shall  be
 limited  to  the amount of one hundred dollars. In the case of medically
 necessary life-sustaining equipment which was lost  or  damaged  as  the
 direct  result  of  a crime, the award shall be limited to the amount of
 ten thousand dollars.
   (B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
 THE OFFICE MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES  OR  RECEIPTS
 FOR  PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE CRIME.
 A CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR  DAMAGED
 PERSONAL  ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
 REIMBURSEMENT FOR SUCH ITEMS. THE OFFICE SHALL CONSIDER  ALL  THE  FACTS
 AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
   (C)  PERSONAL  PROPERTY  NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
 VICTIM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING  ITEMS  LOST,
 DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
   (I) CLOTHING;
 S. 8603--A                          3
 
   (II) SHOES;
   (III) FURNITURE;
   (IV) APPLIANCES;
   (V) ELECTRONICS; AND
   (VI) BEDDING.
   (D)  PROPERTY  NECESSARY  AND  ESSENTIAL  TO THE WELFARE OF THE VICTIM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) SOFA, COUCH, LOVESEAT, OR CHAIR;
   (II) DINING TABLE;
   (III) BED/MATTRESS;
   (IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
   (V) LAMP;
   (VI) REFRIGERATOR;
   (VII) MICROWAVE;
   (VIII) STOVE;
   (IX) DISHES AND EATING UTENSILS;
   (X) TELEVISION;
   (XI) TELEPHONE OR CELL PHONE;
   (XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
   (XIII) STROLLER.
   (E) ELIGIBLE ESSENTIAL PERSONAL PROPERTY AS SPECIFIED  IN  SUBDIVISION
 (D)  OF THIS SECTION, INCLUDING ANY PROPERTY NOT SPECIFICALLY ENUMERATED
 IN SUBDIVISION (D) OF THIS SECTION, MAY BE REIMBURSED  AT  A  REASONABLE
 RATE  AS  DETERMINED  BY  THE  OFFICE,  PROVIDED THAT SUCH RATE DOES NOT
 EXCEED TWENTY-FIVE HUNDRED DOLLARS.
   § 4. This act shall take effect immediately; provided,  however,  that
 section  three of this act shall take effect on the same date and in the
 same manner as section 1 of part I of chapter 55 of the  laws  of  2022,
 takes effect.

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The New York State Senate

senate Bill S8603A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 9, 2022 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 9, 2022

Bill Amendments

S8603 - Details

S8603 - Summary

S8603 - Sponsor Memo

S8603 - Bill Text download pdf

S8603A (ACTIVE) - Details

S8603A (ACTIVE) - Summary

S8603A (ACTIVE) - Sponsor Memo

S8603A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8603A

Share this bill

Sponsored By

Julia Salazar

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 18, 2022 - floor Vote

Floor Vote: May 18, 2022

May 9, 2022 - Crime Victims, Crime and Correction committee Vote

Crime Victims, Crime and Correction Committee Vote: May 9, 2022

Bill Amendments

S8603 - Details

S8603 - Summary

S8603 - Sponsor Memo

S8603 - Bill Text download pdf

S8603A (ACTIVE) - Details

S8603A (ACTIVE) - Summary

S8603A (ACTIVE) - Sponsor Memo

S8603A (ACTIVE) - Bill Text download pdf

Comments