Assembly Bill A10166

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10166
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to establishing the divi-
   sion of the crime  victims'  statewide  advocate  to  represent  crime
   victims' legal interests
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  631-b
 to read as follows:
   §  631-B.  CRIME  VICTIMS' STATEWIDE ADVOCATE.  1. FOR THE PURPOSES OF
 THIS SECTION:
   (A) "ADVOCATE" MEANS THE CRIME VICTIMS' ADVOCATE, THE INDIVIDUAL  HEAD
 OF THE DIVISION OF THE CRIME VICTIMS' STATEWIDE ADVOCATE;
   (B)  "THE DIVISION" MEANS THE DIVISION OF THE CRIME VICTIMS' STATEWIDE
 ADVOCATE, AS ESTABLISHED BY THIS SECTION; AND
   (C) "THE  DIRECTOR"  MEANS  THE  DIRECTOR  OF  THE  OFFICE  OF  VICTIM
 SERVICES.
   2.  THERE  IS  HEREBY ESTABLISHED WITHIN THE OFFICE OF VICTIM SERVICES
 THE DIVISION OF THE CRIME VICTIMS' STATEWIDE ADVOCATE, THE HEAD OF WHICH
 SHALL BE THE CRIME VICTIMS' ADVOCATE. THE CRIME VICTIMS' ADVOCATE  SHALL
 BE  APPOINTED  BY  THE  DIRECTOR  OF  THE  OFFICE WITH THE ADVICE OF THE
 OFFICE'S ADVISORY COUNCIL, SHALL RECEIVE A SALARY TO  BE  FIXED  BY  THE
 DIRECTOR  WITHIN  THE  AMOUNT  APPROPRIATED  THEREFOR,  AND SHALL NOT BE
 DISCHARGED EXCEPT FOR JUST CAUSE.
   3. THE CRIME VICTIMS' ADVOCATE, SUBJECT TO  RULES  PRESCRIBED  BY  THE
 DIRECTOR  OR  THE  GOVERNOR, SHALL ESTABLISH BUREAUS OR LOCAL OFFICES IN
 EACH COUNTY UNDER THE DIVISION OF THE CRIME VICTIMS'  ADVOCATE  AS  SUCH
 ADVOCATE  MAY  DEEM NECESSARY AND MAY APPOINT SUCH DEPUTIES, ASSISTANTS,
 AND OTHER EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF  SUCH  ADVO-
 CATE'S  DUTIES  AND  THE MISSION OF THE DIVISION AND MAY PRESCRIBE THEIR
 POWERS AND DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNT APPROPRI-
 ATED THEREFOR. THE PRINCIPAL OFFICE OF THE DIVISION SHALL BE IN THE CITY
 OF ALBANY, THERE SHALL BE AT LEAST ONE OFFICE OF SUBSTANTIAL PRESENCE IN
 THE CITY OF NEW YORK, AND THERE SHALL BE AN OFFICE OF ADEQUATE  PRESENCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11386-04-5
 A. 10166                            2
 
 WITHIN EACH COUNTY.  BRANCH OFFICES MAY BE ESTABLISHED AT THE DISCRETION
 OF  THE  DIRECTOR OR THE GOVERNOR, SUBJECT TO APPROPRIATIONS FOR MAINTE-
 NANCE OF SUCH OFFICES.
   4.  THE  OFFICE  OF  CRIME  VICTIMS' STATEWIDE ADVOCATE SHALL HAVE THE
 FOLLOWING POWERS AND DUTIES:
   (A) PROVIDE LEGAL REPRESENTATION TO VICTIMS AND  WITNESSES  OF  CRIMES
 WHO  ARE  SERVED  WITH  JUDICIAL  ORDERS TO ALLOW CRIMINAL DEFENDANTS OR
 THEIR REPRESENTATIVES TO GAIN ACCESS TO SUCH VICTIM OR WITNESS'S HOME OR
 PLACE OF BUSINESS, PURSUANT TO SUBDIVISION TWO OF SECTION 245.30 OF  THE
 CRIMINAL PROCEDURE LAW;
   (B)  PROVIDE  LEGAL REPRESENTATION TO ANY CRIME VICTIM OR WITNESS WITH
 REGARD TO ANY LEGAL ACTION RELATED TO SECTION  245.30  OF  THE  CRIMINAL
 PROCEDURE LAW;
   (C)  PROVIDE  LEGAL  ASSISTANCE  WITH ANY VICTIM COMPENSATION APPLICA-
 TIONS, PROVIDED, HOWEVER, SUCH VICTIM  HAS  EXHAUSTED  OTHER  ASSISTANCE
 AVAILABLE THROUGH THE OFFICE, ABSENT EXTENUATING CIRCUMSTANCES;
   (D)  PROVIDE  INFORMATION  ON VICTIMS' AND WITNESSES' LEGAL RIGHTS AND
 PROTECTIONS WITH REGARD TO CRIMINAL PROCESS; AND
   (E) ASSIST VICTIMS TO SUBMIT COMMENTS AND  STATEMENTS  TO  COURTS  AND
 PAROLE BOARDS.
   § 2. If any clause, sentence, paragraph, subdivision, section, or part
 of  this  law  or  the application thereof to any person or circumstance
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 or unconstitutional, such order or judgment shall not affect, impair, or
 invalidate  the remainder hereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision,  section,  or  part  of
 this  law,  or in its application to the person or circumstance directly
 involved in the controversy in which such order  or  judgment  shall  be
 rendered.
   §  3. This act shall take effect January 1, 2026. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.