NY State Senate Bill 2023-S8881

Senate Bill S8881

2023-2024 Legislative Session

Requires the office of victim services to provide notification of potential eligibility for awards following the death of a victim of a crime who died as a direct result of such crime

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2024	referred to crime victims, crime and correction

2023-S8881 (ACTIVE) - Details

See Assembly Version of this Bill:: A4973
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§625-b, 840 & 214-h, Exec L

2023-S8881 (ACTIVE) - Summary

Requires the office of victim services to provide notification of potential eligibility for crime victims' awards; directs the state police and the municipal police training council to develop procedures for notifying next of kin of available programs and services upon in-person death notifications.

2023-S8881 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8881

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the executive law, in relation to requiring the office
of victim services to provide notification of potential eligibility for
awards following the death of a victim of a crime who died as a direct
result of such crime

 
PURPOSE:

The purpose of this bill is to ensure there are procedures in place to
alert families of victims of crime of victim compensation awards they
may be entitled to receive.

 
SUMMARY OF PROVISIONS:

Section one of this bill would require the Division of Criminal Justice
Services, in cooperation with the Office of Victim Services, to develop
and implement procedures for police to notify family members and depen-
dents of crime victim compensation awards they may be eligible to

receive.

Sections two and three would incorporate providing information to a
deceased individual's next of kin regarding the existence of programs
and support services available to them into existing requirements of the
police to notify an individual's next of kin of their death.
Section four would set forth the effective date.

 
JUSTIFICATION:

Gun violence in New York State is a public health crisis that demands
solutions across all State agencies. Though the New York State Office of
Victim Services offers help for crime victims, to engage in initiating
the process is often daunting and stressful for most affected parties.
It is essential that families are aware of the victim support services
and awards that are available to them in New York State.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

2023-S8881 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8881
 
                             I N  S E N A T E
 
                              March 25, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 requiring the office
   of victim services to provide notification  of  potential  eligibility
   for  awards  following  the death of a victim of a crime who died as a
   direct result of such crime

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 625-b of the executive law is amended by adding a
 new subdivision 4 to read as follows:
   4. IN ADDITION, THE COMMISSIONER OF THE DIVISION OF  CRIMINAL  JUSTICE
 SERVICES,  IN COOPERATION WITH THE OFFICE, SHALL DEVELOP AND IMPLEMENT A
 STANDARDIZED PROCEDURE TO BE USED BY POLICE OFFICERS, COUNTY   SHERIFFS'
 DEPARTMENTS  AND STATE POLICE OFFICERS WHEREBY FAMILY MEMBERS AND DEPEN-
 DENTS WHO MAY BE ELIGIBLE TO RECEIVE AWARDS UNDER THIS ARTICLE ARE NOTI-
 FIED ABOUT THE EXISTENCE OF SUCH AWARDS AND THE EXISTENCE OF  ANY  OTHER
 RELEVANT SERVICES OR PROGRAMS.
   §  2.  Paragraph  (a) of subdivision 7 of section 840 of the executive
 law, as added by chapter 531 of the laws of 2022, is amended to read  as
 follows:
   (a)  Develop,  maintain  and  disseminate,  in  collaboration with the
 office of victim services, a model law  enforcement  death  notification
 policy  setting  forth  recommended  policies  and  procedures regarding
 in-person death notifications to a deceased individual's  next  of  kin.
 Such  policies  and  procedures  shall make provisions for education and
 training of current and new police officers in  the  planning,  prepara-
 tion,  and  delivery of in-person death notifications, including but not
 limited to, policies and procedures for:
   (i) the identification of the deceased individual, the  collection  of
 accurate  information  regarding  the deceased individual, and the iden-
 tification of the deceased individual's next of kin; and
   (ii) the actual delivery  of  in-person  death  notifications  to  the
 deceased's  next of kin within twenty-four hours following the identifi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08697-03-4
 S. 8881                             2
 
 cation of such individual; provided, however, such policies  and  proce-
 dures shall provide that, in the event that an in-person death notifica-
 tion  cannot be provided to the deceased individual's next of kin within
 such timeframe, the failure or delay of such notification shall be docu-
 mented  and such notification shall instead be made as soon as practica-
 ble[.]; AND
   (III) PROVIDING INFORMATION TO THE DECEASED INDIVIDUAL'S NEXT  OF  KIN
 REGARDING  THE  EXISTENCE  OF PROGRAMS AND SUPPORT SERVICES AVAILABLE TO
 THEM.
   § 3. Subdivision 1 of section 214-h of the executive law, as added  by
 chapter 531 of the laws of 2022, is amended to read as follows:
   1.  Develop,  maintain  and  disseminate a model law enforcement death
 notification policy setting forth recommended  policies  and  procedures
 regarding  in-person death notifications to a deceased individual's next
 of kin. Such policies and procedures shall make provisions for education
 and training of current and new police officers in the planning,  prepa-
 ration, and delivery of in-person death notifications, including but not
 limited to, policies and procedures for:
   (a)  the  identification of the deceased individual, the collection of
 accurate information regarding the deceased individual,  and  the  iden-
 tification of the deceased individual's next of kin; [and]
   (b)  the  actual  delivery  of  in-person  death  notifications to the
 deceased individual's next of kin within twenty-four hours following the
 identification of such individual; provided, however, such policies  and
 procedures  shall  provide  that,  in  the event that an in-person death
 notification cannot be provided to the deceased individual's next of kin
 within such timeframe, the failure or delay of such  notification  shall
 be  documented  and  such  notification shall instead be made as soon as
 practicable[.]; AND
   (C) PROVIDING INFORMATION TO THE DECEASED  INDIVIDUAL'S  NEXT  OF  KIN
 REGARDING  THE  EXISTENCE  OF PROGRAMS AND SUPPORT SERVICES AVAILABLE TO
 THEM.
   § 4. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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