Senate Bill S7296

                                 
BILL NUMBER: S7296

SPONSOR: RHOADS
 
TITLE OF BILL:

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

 
PURPOSE:

Establishes the division of the crime victims' statewide advocate to
represent crime victims' legal interests.

 
SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new section to read
as follows:

§ 631-b. Crime victims' statewide advocate. 1. For the purpose od 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. This 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 appropriate therefore, and shall not be
discharged except for just cause.

3. The crime victims advocate, subject to the rules prescribed by the
director or the governor, may establish bureaus or local offices in each
county under the division of the crime victims' advocates as such advo-
cate's duties and fix their compensation within the amount appropriated
therefor

4. The office of the crime victims' statewide advocate shall have the
following powers and duties:

(a) provide legal representation to the 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.

(c) provide legal assistance with any victim compensation applications,
provided however, such victim has exhausted other assistance available
through the office.

(d) provide information on victims' and witness' legal rights an
protections with regard to the criminal process.


(e) assist victims to submit comments and statements to courts and
parole boards.

§ 3. This act shall take effect January 1, 2026.

 
JUSTIFICATION:

With public safety and crime as top concerns for New Yorkers, the state
must ensure its citizens have all the tools they need when they find
themselves a victim of a crime. When a victim seeks justice, they are
often burdened by the complicated legal procedure and can quickly become
confused and overwhelmed. These burdens were heightened by New York
State's amendments to its Criminal Procedure.  Law in 2019, which
provided a criminal defendant unprecedented access, in certain
instances, to victims; their records; their families and even their
homes in the search for exculpatory evidence.  These burdens may prevent
victims from continuing their path to justice and may act as a disincen-
tive to report crimes in the first instance. At a time when they need
help most, it should not be the duty of a victim to understand the
complexities of the law and criminal justice procedures to protect their
own rights. In the criminal justice system, prosecutors are there to
represent the interests of the State and the public. A criminal defend-
ant has counsel to protect their interests, however, no one is present
to legally represent the rights and interests of the victim.

This bill establishes the division of the Crime Victim's Statewide Advo-
cate as part of the Office of Victim Services to increase services
provided to victims and to ensure their legal rights are protected. The
Office of Victim Services currently provides services to crime victims,
including financial assistance, counseling, legal help, and emergency
sheltering. The Division of the Crime Victim's Statewide Advocate
expands upon these services by providing victims with an advocate who
knows and understands the law. The advocate will provide legal represen-
tation to victims and witnesses of crimes, legal assistance with victim
compensation applications, information on legal rights and protections
regarding the criminal justice process and will assist victims in
submitting motions, applications for protective orders, comments and
statements to courts and parole boards.

This bill also requires the establishment of local offices in each coun-
ty of the state with a principal office in Albany. While the law is
uniform, the procedures and bench vary from county to county across our
State and local representation within their own County will provide
victims with more efficient, more convenient representation and assist-
ance from advocates who know the law and also understand how it is
administered in the specific jurisdiction a victim's case is pending.
The search for justice requires not only the protection of the rights of
the accused, but the protection of the rights of the victim of a crime
as well.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined. This act shall take effect January 1, 2026.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026.