S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4571
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the executive law and the state finance law, in relation
   to enacting the "community violence intervention and prevention act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "community violence intervention and prevention act".
   § 2. The executive law is amended by adding a new article 22-A to read
 as follows:
                                ARTICLE 22-A
            COMMUNITY VIOLENCE INTERVENTION AND PREVENTION ACT
 SECTION 637-A. LEGISLATIVE FINDINGS.
         637-B. DEFINITIONS.
         637-C. COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS.
   § 637-A.  LEGISLATIVE  FINDINGS.  THE  LEGISLATURE  HEREBY  FINDS  AND
 DECLARES  THAT  GUN  VIOLENCE  AND  OTHER FORMS OF VIOLENCE CONSTITUTE A
 CRISIS THAT POSES A SERIOUS THREAT TO THE HEALTH AND QUALITY OF LIFE  OF
 ALL RESIDENTS OF THE STATE OF NEW YORK. AN EPIDEMIC OF VIOLENCE IS TEAR-
 ING  AT  THE FABRIC OF LIFE IN MANY URBAN AREAS. THE LEGISLATURE FURTHER
 FINDS THAT FUNDS FROM THE VICTIMS OF CRIME ACT SHOULD BE USED TO SUPPORT
 HOSPITAL  BASED  VIOLENCE  INTERVENTION  PROGRAMS  AND  COMMUNITY  BASED
 VIOLENCE INTERVENTION PROGRAMS.
   §  637-B. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "EVIDENCE-BASED HEALTH PROGRAM" MEANS A PROGRAM  OR  AN  INITIATIVE
 THAT:
   (A)  IS  DEVELOPED  AND EVALUATED THROUGH SCIENTIFIC RESEARCH AND DATA
 COLLECTION;
   (B) USES PUBLIC HEALTH PRINCIPLES THAT DEMONSTRATE MEASURABLE POSITIVE
 OUTCOMES IN PREVENTING GUN VIOLENCE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07713-01-3
              

 A. 4571                             2
 
   (C) IS IMPLEMENTED BY A NONPROFIT ORGANIZATION OR PUBLIC AGENCY.
   2. "EVIDENCE-INFORMED HEALTH PROGRAM" MEANS A PROGRAM, AN APPROACH, OR
 AN INITIATIVE THAT IS:
   (A) BASED ON PUBLIC HEALTH PRINCIPLES;
   (B)  CAPABLE  OF BEING STUDIED AND EVALUATED THROUGH RESEARCH AND DATA
 COLLECTION;
   (C) FOR THE PURPOSE OF REDUCING GUN VIOLENCE;
   (D) DIRECTED TO INFLUENCE FACTORS DETERMINED TO AFFECT  GUN  VIOLENCE;
 AND
   (E) IMPLEMENTED BY A NONPROFIT ORGANIZATION OR PUBLIC AGENCY.
   3.  "HOSPITAL-BASED  VIOLENCE  INTERVENTION  PROGRAM" MEANS A VIOLENCE
 INTERVENTION PROGRAM THAT:
   (A) IS OPERATED BY:
   (I) A HOSPITAL; OR
   (II) AN INDIVIDUAL OR ENTITY IN COLLABORATION WITH A HOSPITAL; AND
   (B)  PROVIDES  INTENSIVE  COUNSELING,  CASE  MANAGEMENT,  AND   SOCIAL
 SERVICES  TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING FROM
 VIOLENCE OR WHO WERE WITNESSES TO ACTS OF VIOLENCE.
   4. "COMMUNITY-BASED VIOLENCE INTERVENTION PROGRAM"  MEANS  A  VIOLENCE
 INTERVENTION PROGRAM THAT IS OPERATED BY:
   (A) A NONPROFIT ORGANIZATION; AND
   (B)   PROVIDES  INTENSIVE  COUNSELING,  CASE  MANAGEMENT,  AND  SOCIAL
 SERVICES TO INDIVIDUALS WHO ARE RECOVERING FROM INJURIES RESULTING  FROM
 VIOLENCE OR WHO WERE WITNESSES TO ACTS OF VIOLENCE.
   5.  "DIRECTOR" SHALL MEAN THE HEAD OF THE OFFICE OF VICTIM SERVICES AS
 SET FORTH BY SECTION SIX HUNDRED TWENTY-TWO OF THIS CHAPTER.
   6. "CRIME" SHALL MEAN:
   (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; OR
   (B) AN ACT COMMITTED OUTSIDE THE STATE OF NEW YORK AGAINST A  RESIDENT
 OF  THE  STATE  OF  NEW  YORK WHICH WOULD BE COMPENSABLE HAD IT OCCURRED
 WITHIN THE STATE OF NEW YORK AND WHICH OCCURRED IN A  STATE  WHICH  DOES
 NOT  HAVE  AN ELIGIBLE CRIME VICTIM COMPENSATION PROGRAM AS SUCH TERM IS
 DEFINED IN THE FEDERAL VICTIMS OF CRIME ACT OF 1984; OR
   (C) AN ACT OF TERRORISM, AS DEFINED  IN  SECTION  2331  OF  TITLE  18,
 UNITED  STATES  CODE,  COMMITTED  OUTSIDE OF THE UNITED STATES AGAINST A
 RESIDENT OF NEW YORK STATE.
   7. "ELDERLY VICTIM" SHALL MEAN A PERSON SIXTY YEARS OF  AGE  OR  OLDER
 WHO SUFFERS LOSS OR DAMAGE AS A DIRECT RESULT OF A CRIME.
   §  637-C.  COMMUNITY  VIOLENCE INTERVENTION AND PREVENTION GRANTS.  1.
 THE OFFICE OF VICTIM SERVICES SHALL PROMULGATE REGULATIONS  RELATING  TO
 COMMUNITY VIOLENCE INTERVENTION AND PREVENTION GRANTS FOR HOSPITAL-BASED
 VIOLENCE INTERVENTION PROGRAMS AND COMMUNITY-BASED VIOLENCE INTERVENTION
 PROGRAMS, WHICH SHALL BE FUNDED FROM THE COMMUNITY VIOLENCE INTERVENTION
 AND  PREVENTION  FUND  ESTABLISHED  BY SECTION NINETY-SEVEN-BBBBB OF THE
 STATE FINANCE LAW.
   (A) THESE REGULATIONS SHALL BE DESIGNED TO PROMOTE:
   (I) ALTERNATIVE FUNDING SOURCES OTHER THAN THE STATE, INCLUDING  LOCAL
 GOVERNMENT  AND  PRIVATE  SOURCES  AS  WELL  AS FUNDING FROM THE FEDERAL
 VICTIMS OF CRIME ACT OF 1984;
   (II) COORDINATION OF PUBLIC AND PRIVATE EFFORTS TO AID INDIVIDUALS WHO
 ARE RECOVERING  FROM  INJURIES  RESULTING  FROM  VIOLENCE  OR  WHO  WERE
 WITNESSES TO ACTS OF VIOLENCE; AND
 A. 4571                             3

   (III)  LONG RANGE DEVELOPMENT OF SERVICES TO VICTIMS OF VIOLENT CRIMES
 IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES AND TO WITNESSES  OF
 VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS.
   (B) THESE REGULATIONS SHALL ALSO PROVIDE FOR:
   (I) CLEARLY DEFINED AND MEASURABLE OBJECTIVES;
   (II)  EVIDENCE  THAT  THE  PROPOSED  EVIDENCE-BASED HEALTH PROGRAMS OR
 EVIDENCE-INFORMED HEALTH PROGRAMS WOULD LIKELY REDUCE GUN VIOLENCE;
   (III) A DESCRIPTION OF HOW THE LOCAL GOVERNMENT OR NONPROFIT ORGANIZA-
 TION PROPOSES TO USE THE FUNDING TO REDUCE RATES OF GUN VIOLENCE BY:
   (A)  ESTABLISHING  OR  ENHANCING  EVIDENCE-BASED  HEALTH  PROGRAMS  OR
 EVIDENCE-INFORMED HEALTH PROGRAMS;
   (B)  ENHANCING  COORDINATION  OF  EXISTING  VIOLENCE  INTERVENTION AND
 PREVENTION PROGRAMS, IF ANY, TO MINIMIZE DUPLICATION OF SERVICES; AND
   (C) A PLAN FOR THE COLLECTION OF RELEVANT DATA; AND
   (IV) OUTREACH TO THE COMMUNITY  AND  EDUCATION  AND  TRAINING  OF  LAW
 ENFORCEMENT AND OTHER CRIMINAL JUSTICE OFFICIALS TO THE NEEDS OF VICTIMS
 OF  VIOLENT  CRIMES  IN THE COMMUNITY, TO PERPETRATORS OF VIOLENT CRIMES
 AND TO WITNESSES OF VIOLENT CRIMES INVOLVED IN CRIMINAL PROSECUTIONS.
   § 3. The state finance law is amended by adding a new section 97-bbbbb
 to read as follows:
   § 97-BBBBB. COMMUNITY VIOLENCE INTERVENTION AND  PREVENTION  FUND.  1.
 THERE  IS  HEREBY  ESTABLISHED  IN  THE JOINT CUSTODY OF THE STATE COMP-
 TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE  KNOWN
 AS THE "COMMUNITY VIOLENCE INTERVENTION AND PREVENTION FUND".
   2.  THE  COMMUNITY  VIOLENCE  INTERVENTION  AND  PREVENTION FUND SHALL
 CONSIST OF AT LEAST TEN MILLION DOLLARS OR TEN  PERCENT  OF  ALL  MONIES
 RECEIVED  UNDER  THE  FEDERAL VICTIMS OF CRIME ACT OF 1984, WHICHEVER IS
 GREATER; AND ALL MONIES APPROPRIATED, CREDITED, OR  TRANSFERRED  THERETO
 FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3.  MONIES OF THE COMMUNITY VIOLENCE INTERVENTION AND PREVENTION FUND,
 FOLLOWING APPROPRIATION BY THE LEGISLATURE SHALL BE EXPENDED ONLY:
   (A) PURSUANT TO ARTICLE TWENTY-TWO-A OF THE EXECUTIVE LAW;
   (B) TO SUPPORT EFFECTIVE VIOLENCE REDUCTION  STRATEGIES  BY  PROVIDING
 GRANTS   TO  LOCAL  GOVERNMENTS  AND  NONPROFIT  ORGANIZATIONS  TO  FUND
 EVIDENCE-BASED HEALTH PROGRAMS OR EVIDENCE-INFORMED HEALTH PROGRAMS; AND
   (C) FOR THE  EVALUATION  OF  THE  EFFICACY  OF  EVIDENCE-BASED  HEALTH
 PROGRAMS OR EVIDENCE-INFORMED HEALTH PROGRAMS AWARDED GRANTS THROUGH THE
 FUND.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF TAXATION AND FINANCE.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 5. This act shall take effect immediately.