S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8071
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 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; and to amend a chapter of the laws of 2023 amending the  execu-
   tive  law  relating to expanding eligibility for victims and survivors
   of crime to access victim compensation funds by removing the mandatory
   law enforcement reporting requirement, providing alternative forms  of
   evidence that would show that a qualifying crime was committed and the
   confidentiality  of  certain records, as proposed in legislative bills
   numbers S. 214-A and A. 2105-A, in relation to the effectiveness ther-
   eof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  631 of the executive law, as
 amended by a chapter of the laws of  2023  amending  the  executive  law
 relating  to expanding eligibility for victims and survivors of crime to
 access victim compensation funds by removing the mandatory law  enforce-
 ment reporting requirement, providing alternative forms of evidence that
 would show that a qualifying crime was committed and the confidentiality
 of  certain  records,  as proposed in legislative bills numbers S. 214-A
 and A. 2105-A, is amended and two new subdivisions 1-b and 1-c are added
 to read as follows:
   1. (A) No award shall be made unless the office finds that:  [(a)] (I)
 a crime [has occurred as] WAS indicated by the  [applicant's  record  or
 supporting  documentation]  RECORDS OF A SUPPORT AGENCY FOR SURVIVORS OF
 CRIME OR THE RECORDS OF A CRIMINAL JUSTICE AGENCY; [(b)] (II) 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] (III) THE records OF A SUPPORT
 AGENCY FOR SURVIVORS OF CRIME OR THE RECORDS OF A CRIMINAL JUSTICE AGEN-
 CY show that such crime was reported [to the proper authorities within a
 reasonable  time  considering  all  the  circumstances,  including   the
 victim's  physical, emotional and mental condition and family situation;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01992-04-4
 S. 8071                             2

 or (ii) evidence is provided to show  that  such  crime  occurred.  Such
 evidence  shall  include,  but  is  not  limited  to, one or more of the
 following:
   (A)  a written statement provided by a city or state-contracted victim
 services provider who has provided services to the victim of the  crime,
 or  other  eligible claimants as identified in section six hundred twen-
 ty-four of this article, in response to the  impact  of  the  qualifying
 crime; or
   (B)  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].
   (B)  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 responsibil-
 ity  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 article nine-B of the social services law, and any  medical  facility
 established  under  the laws of the state that provides a forensic phys-
 ical examination for victims of rape and sexual assault].
   (C) FOR THE PURPOSES OF THIS SUBDIVISION A "SUPPORT AGENCY FOR  SURVI-
 VORS OF CRIME" OR ANY DERIVATIVE TERM THEREOF SHALL INCLUDE:
   (I)  A  GOVERNMENTAL AGENCY RESPONSIBLE FOR CHILD AND/OR ADULT PROTEC-
 TIVE 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; OR
   (II) IN CASES INVOLVING ANY SEX OFFENSE OR FAMILY  OFFENSE  A  SUPPORT
 AGENCY FOR SURVIVORS OF CRIME SHALL ALSO INCLUDE A FAMILY COURT; OR
   (III)  IN  CASES  WHERE A PHYSICALLY INJURED CLAIMANT AND/OR VICTIM IS
 UNABLE TO REPORT TO OR OTHERWISE COOPERATE WITH A CRIMINAL JUSTICE AGEN-
 CY BECAUSE OF THE VICTIM'S AGE, PHYSICAL CONDITION, PSYCHOLOGICAL STATE,
 CULTURAL OR LINGUISTIC BARRIERS, OR ANY OTHER HEALTH OR  SAFETY  CONCERN
 THAT  JEOPARDIZES THE VICTIM'S WELLBEING, A SUPPORT AGENCY FOR SURVIVORS
 OF CRIME SHALL ALSO INCLUDE:
   (A) A COURT WHICH ISSUED A TEMPORARY OR PERMANENT RESTRAINING ORDER OR
 PROTECTIVE ORDER AGAINST THE PARTY OR PARTIES ALLEGED TO HAVE  COMMITTED
 THE CRIME AGAINST THE VICTIM, OR
   (B)  A  "VICTIM  SERVICES  PROVIDER"  WHICH SHALL MEAN A CITY OR STATE
 CONTRACTED VICTIM SERVICE PROVIDER WHO  HAS  PROVIDED  SERVICES  TO  THE
 VICTIM  OF  THE  CRIME,  OR  OTHER  ELIGIBLE  CLAIMANTS AS IDENTIFIED IN
 SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE, OR A  LICENSED  MEDICAL
 OR  MENTAL  HEALTH SERVICES PROVIDER PROVIDING CARE TO A VICTIM OF CRIME
 WITHIN THEIR LICENSED DISCIPLINE AND WHO CAN ATTEST THAT THE VICTIM OF A
 CRIME SUFFERED A PERSONAL PHYSICAL INJURY RELATED TO OR CONNECTED TO THE
 CRIME UPON WHICH THE CLAIM IS BASED.
   1-B. WHERE SUPPORTING EVIDENCE UNDER SUBDIVISION ONE OF  THIS  SECTION
 IS  PROVIDED  BY ANY VICTIM SERVICES PROVIDER, PURSUANT TO CLAUSE (B) OF
 SUBPARAGRAPH (III) OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS  SECTION,
 (A)  A  PROVIDER  WHICH  IS  A  CITY  OR STATE CONTRACTED VICTIM SERVICE
 PROVIDER SHALL ATTEST THAT (I) SUCH PROVIDER AND ANY  ENTITY  ASSOCIATED
 WITH  SUCH PROVIDER DOES NOT HAVE A PECUNIARY INTEREST IN THE OUTCOME OF
 S. 8071                             3
 
 THE CLAIM, BUT IF SO, (II) A REFERRAL SHALL BE MADE FROM  SUCH  PROVIDER
 AND  ANY ENTITY ASSOCIATED WITH SUCH PROVIDER IMMEDIATELY UPON THE DECI-
 SION OF THE OFFICE, AND (III)  IT  IS  UNDERSTOOD  THAT  NO  CONTRACTUAL
 REIMBURSEMENTS  OR  OTHER  PAYMENTS  SHALL  BE MADE BY THE OFFICE TO THE
 PROVIDER AND ANY ENTITY ASSOCIATED WITH  SUCH  PROVIDER  FOR  ANY  CRIME
 RELATED  SERVICES  PROVIDED  TO  THAT  VICTIM AFTER SUCH DECISION BY THE
 OFFICE, AND (B) ALL VICTIM SERVICES PROVIDERS, PURSUANT TO CLAUSE (B) OF
 SUBPARAGRAPH (III) OF PARAGRAPH (C) OF SUBDIVISION ONE OF  THIS  SECTION
 SHALL ALSO ATTEST THAT THE VICTIM'S INJURIES ARE THE RESULT OF A CRIME.
   1-C.  IN THE EVENT THAT INCONSISTENT REPORTS AMONG TWO OR MORE SUPPORT
 AGENCIES FOR SURVIVORS OF CRIME EXIST FOR THE SAME INCIDENT, THE  OFFICE
 SHALL  CONSIDER  THE  TOTALITY OF THE CIRCUMSTANCES AMONG ALL REPORTS IN
 THE LIGHT MOST FAVORABLE TO THE VICTIM  AND/OR  CLAIMANT,  IN  ORDER  TO
 ACCOMPLISH THE PURPOSE OF THIS ARTICLE.
   §  2. Subdivision 4 of section 625 of the executive law, as amended by
 a chapter of the laws of 2023 amending the  executive  law  relating  to
 expanding  eligibility  for  victims  and  survivors  of crime to access
 victim compensation funds by  removing  the  mandatory  law  enforcement
 reporting  requirement,  providing  alternative  forms  of evidence that
 would show that a qualifying crime was committed and the confidentiality
 of certain records, as proposed in legislative bills  numbers  S.  214-A
 and A. 2105-A, is amended to read as follows:
   4.  Upon  the  filing  of a claim pursuant to this article, the office
 shall promptly notify the district attorney of the  county  wherein  the
 crime  is  alleged to have occurred[.  Except in cases where the alleged
 crime was not reported to a criminal justice  agency,  as  indicated  in
 subdivision  one  of  section  six  hundred thirty-one of this article],
 PROVIDED HOWEVER, THAT IN SUCH CASES IN WHICH THE CRIME VICTIM  REPORTED
 TO  A  SUPPORT AGENCY THAT IS ALSO A VICTIM SERVICES PROVIDER AS DEFINED
 IN CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH (C) OF SUBDIVISION  ONE
 OF  SECTION SIX HUNDRED THIRTY-ONE OF THIS ARTICLE, THE OFFICE SHALL NOT
 MAKE ANY SUCH NOTIFICATION. If, within ten days after such notification,
 such district attorney advises the office that a criminal prosecution is
 pending upon the same alleged crime and  requests  that  action  by  the
 office  be  deferred,  the office shall defer all proceedings under this
 article until such time as such criminal prosecution has been  concluded
 and  shall  so notify such district attorney and the claimant. When such
 criminal prosecution has been concluded, such  district  attorney  shall
 promptly  so  notify the office. Nothing in this section shall limit the
 authority of the office to grant emergency awards  pursuant  to  section
 six hundred thirty of this article.
   §  3.  Paragraph  (a) of subdivision 1 of section 633 of the executive
 law, as amended by a chapter of the laws of 2023 amending the  executive
 law relating to expanding eligibility for victims and survivors of crime
 to  access  victim  compensation  funds  by  removing  the mandatory law
 enforcement  reporting  requirement,  providing  alternative  forms   of
 evidence  that  would show that a qualifying crime was committed and the
 confidentiality of certain records, as  proposed  in  legislative  bills
 numbers S. 214-A and A. 2105-A, is amended to read as follows:
   (a)  requests  for  information  based  on legitimate criminal justice
 purposes [as determined by the agency, provided that, in such case,  the
 office shall furnish only that portion of the information that is legal-
 ly  required]  PROVIDED  THAT,  IN  SUCH CASES IN WHICH THE CRIME VICTIM
 REPORTED TO A SUPPORT AGENCY THAT IS ALSO A VICTIM SERVICES PROVIDER  AS
 DEFINED IN CLAUSE (B) OF SUBPARAGRAPH (III) OF PARAGRAPH (C) OF SUBDIVI-
 SION  ONE  OF SECTION SIX HUNDRED THIRTY-ONE OF THIS ARTICLE, THE OFFICE
 S. 8071                             4
 
 SHALL NOT PROVIDE ANY PERSONALLY IDENTIFYING INFORMATION OR  INFORMATION
 TENDING TO IDENTIFY THE VICTIM OR CLAIMANT;
   § 4. Section 7 of a chapter of the laws of 2023 amending the executive
 law relating to expanding eligibility for victims and survivors of crime
 to  access  victim  compensation  funds  by  removing  the mandatory law
 enforcement  reporting  requirement,  providing  alternative  forms   of
 evidence  that  would show that a qualifying crime was committed and the
 confidentiality of certain records, as  proposed  in  legislative  bills
 numbers S. 214-A and A. 2105-A, is amended to read as follows:
   § 7. This act shall take effect [one year after it shall have become a
 law]  DECEMBER  31, 2025 AND SHALL APPLY TO ALL CLAIMS FILED ON OR AFTER
 SUCH EFFECTIVE DATE.
   § 5. This act shall take effect immediately; provided,  however,  that
 sections  one,  two  and three of this act shall take effect on the same
 date and in the same manner as a chapter of the laws  of  2023  amending
 the  executive  law  relating  to  expanding eligibility for victims and
 survivors of crime to access victim compensation funds by  removing  the
 mandatory  law  enforcement reporting requirement, providing alternative
 forms of evidence that would show that a qualifying crime was  committed
 and  the  confidentiality of certain records, as proposed in legislative
 bills numbers S. 214-A and A. 2105-A, takes effect.