Assembly Bill A1862

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1862
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to awards made to crime
   victims
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 8 of section 621 of the executive law, as added
 by chapter 197 of the laws of 1983, is amended to read as follows:
   8. "Essential personal property" shall mean articles of personal prop-
 erty  necessary  and  essential  to the health, welfare or safety of the
 victim.
   (A) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE  WELFARE  OF  THE
 VICTIM  SHALL  MEAN PERSONAL PROPERTY OF A VICTIM THAT IS LOST, DAMAGED,
 OR STOLEN AS A RESULT OF A CRIME AND FOR WHICH REIMBURSEMENT OR REPLACE-
 MENT IS REASONABLY NECESSARY FOR THE  VICTIM  TO  RESTORE  STABILITY  OR
 MAINTAIN A REASONABLE AND/OR BASIC STANDARD OF LIVING.
   (B) THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS FOR THE DETERMI-
 NATION AND APPROVAL OF WHAT CONSTITUTES PROPERTY REASONABLY NECESSARY TO
 RESTORE  OR  MAINTAIN  A  REASONABLE  AND/OR  BASIC  STANDARD  OF LIVING
 CONSISTENT WITH THIS ARTICLE.
   § 2. Subdivision 9 of section 631 of the executive law, as amended  by
 section  1  of  part  I of chapter 55 of the laws of 2022, is amended to
 read as follows:
   9. (A) Any award made for the cost of repair or replacement of  essen-
 tial  personal  property,  including  cash  losses of essential personal
 property, shall be limited to an amount of twenty-five hundred  dollars,
 except  that  all  cash  losses  of essential personal property shall be
 limited to the amount of one hundred dollars. In the case  of  medically
 necessary  life-sustaining  equipment  which  was lost or damaged as the
 direct result of a crime, the award shall be limited to  the  amount  of
 ten thousand dollars.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00484-01-5
              

 A. 1862                             2
 
   (B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
 THE  OFFICE  MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES OR RECEIPTS
 FOR PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE  CRIME.
 A  CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR DAMAGED
 PERSONAL  ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
 REIMBURSEMENT FOR SUCH ITEMS. THE OFFICE SHALL CONSIDER  ALL  THE  FACTS
 AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
   (C)  PERSONAL  PROPERTY  NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
 VICTIM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING  ITEMS  LOST,
 DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
   (I) CLOTHING;
   (II) SHOES;
   (III) FURNITURE;
   (IV) APPLIANCES;
   (V) ELECTRONICS; AND
   (VI) BEDDING.
   (D)  PROPERTY  NECESSARY  AND  ESSENTIAL  TO THE WELFARE OF THE VICTIM
 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) SOFA, COUCH, LOVESEAT, OR CHAIR;
   (II) DINING TABLE;
   (III) BED/MATTRESS;
   (IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
   (V) LAMP;
   (VI) REFRIGERATOR;
   (VII) MICROWAVE;
   (VIII) STOVE;
   (IX) DISHES AND EATING UTENSILS;
   (X) TELEVISION;
   (XI) TELEPHONE OR CELL PHONE;
   (XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
   (XIII) STROLLER.
   (E) ELIGIBLE ESSENTIAL PERSONAL PROPERTY AS SPECIFIED IN PARAGRAPH (D)
 OF THIS SUBDIVISION, INCLUDING ANY PROPERTY NOT SPECIFICALLY  ENUMERATED
 IN  PARAGRAPH (D) OF THIS SUBDIVISION, MAY BE REIMBURSED AT A REASONABLE
 RATE AS DETERMINED BY THE OFFICE,  PROVIDED  THAT  SUCH  RATE  DOES  NOT
 EXCEED TWENTY-FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.