NY State Senate Bill S214

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2023	referred to crime victims, crime and correction

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S214 (ACTIVE) - Details

See Assembly Version of this Bill:: A2105
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§621, 625, 627 & 631, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S7573, A8619

S214 (ACTIVE) - 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.

S214 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S214

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 PROVISIONS:

Section 1 amends paragraph (a) of subdivision 3 of section 621 of the
Executive Law by clarifying that an illegal act may still constitute a

crime regardless of whether any suspect was arrested, charged, appre-
hended or prosecuted or whether the claimant has interacted with a crim-
inal justice agency investigating such act.

Section 2 amends subdivision 2 of section 625 of the Executive Law by
increasing the time a crime victim may file a victim compensation claim
with the Office of Victim Services from one year to three years.

Section 3 amends paragraph ® of subdivision 1 of section 627 of the
Executive Law by including the arrest and charging of the alleged crimi-
nal in the list of actions that are irrelevant to the matter of investi-
gating and determining claims.

Section 4 amends subdivision 1 of section 631 of the Executive Law by
removing the requirement that a crime be reported to a law enforcement
agency "promptly" and within one week of the occurrence of the crime.
Rather, a crime may be reported "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 written 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 temporary or
permanent order of protection; (v) a statement from a licensed medical
provider; (vi) a video, audio or photographic recording or the commis-
sion of the qualifying crime.

Section 5 provides the effective date.

 
JUSTIFICATION:

In 1984, Congress established the Victims of Crime Act (VOCA) to provide
federal oversight and support to state-administered victims compensation
programs. Under VOCA, the Office of Victims of Crime was created to
administer the Crime Victim's fund consisting of dollars collected from
fines and fees associated with federal crimes. These funds compensate
crime victims and survivors for costs associated with their ordeal like
hospital bills, burial expenses, temporary housing, or replacement
locks. Compensation eligibility criteria varies across states, but
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 vulnerable individuals are not usually the benefi-
ciary. Most programs suffer from rampant race and class inequality,
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 despite black men under the age of 35 living in urban areas
with annual incomes below $25,000 experiencing the highest rates of
victimization. Mandatory reporting of crimes and interaction with law
enforcement, limited reporting timeframes, reduction or elimination of
reward funds due to contributory conduct or prior convictions, the
requirement of having visible physical injury, and lack of public aware-
ness are just some of the factors perpetuating this inequality.

Often, crime victims and survivors are reluctant to report their experi-
ences due to fear of retaliation, distrust of law enforcement, or the
potential relationship dynamics between the victim and perpetrator,
among other significant reasons. According to the U.S.  Department of
Justice Bureau of Justice Statistics (DOJ BJS) 2019 National Crime
Victimization Survey (NCVS), approximately 5,813,410 people were the
victims of violent crimes but only about 3,429,912 (-59%) of those inci-
dents were reported to law enforcement. NCVS also reported that only
7.7% of victims received compensatory funds. This data suggests that
more than 90% of victims and survivors of violent crimes have a low
likelihood of receiving necessary services or support due to non-report-
ing.

Federal crimes do not have a mandatory reporting policy or a definitive
time frame for filing a compensation claim. This bill reconciles New
York State's victims compensation fund requirements with its federal
counterpart by eliminating onerous reporting mandates and expanding
eligibility.

 
LEGISLATIVE HISTORY:

S7573A of 2021-22: Referred to Crime Victims, Crime and Correction

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

S214 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    214
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BAILEY,  BRISPORT, BROUK, CLEARE, COONEY,
   GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN,  JACKSON,  KAVANAGH,  KENNEDY,
   LIU,  PARKER,  RAMOS,  RIVERA, SALAZAR, SEPULVEDA, STAVISKY, THOMAS --
   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 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
 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01992-01-3
 S. 214                              2
 
 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
 INJURY OR THE EXACERBATION OF A PREEXISTING DISABILITY, OR CONDITION  AS
 A RESULT OF THE QUALIFYING CRIME; OR
 S. 214                              3
 
   (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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The New York State Senate

senate Bill S214

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Your Voice

Actions

Co-Sponsors

S214 (ACTIVE) - Details

S214 (ACTIVE) - Summary

S214 (ACTIVE) - Sponsor Memo

S214 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S214

Share this bill

Sponsored By

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Your Voice

Actions

Co-Sponsors

S214 (ACTIVE) - Details

S214 (ACTIVE) - Summary

S214 (ACTIVE) - Sponsor Memo

S214 (ACTIVE) - Bill Text download pdf

Comments