Legislation
SECTION 621
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 22
§ 621. Definitions. For the purposes of this article:
1. "Office" shall mean the office of victim services.
2. "Claimant" shall mean the person filing a claim pursuant to this
article.
3. "Crime" shall mean * (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; or
* NB Effective until December 31, 2025
* (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,
apprehended or prosecuted for the commission of the act or whether the
claimant has interacted with a criminal justice agency investigating
such act; or
* NB Effective December 31, 2025
(b) an act committed outside the state of New York against a resident
of the state of New York which would be compensable had it occurred
within the state of New York and which occurred in a state which does
not have an eligible crime victim compensation program as such term is
defined in the federal victims of crime act of 1984; or
(c) an act of terrorism, as defined in section 2331 of title 18,
United States Code, committed outside of the United States against a
resident of New York state.
4. "Family", when used with reference to a person, shall mean (a) any
person related to such person within the third degree of consanguinity
or affinity, (b) any person maintaining a sexual relationship with such
person, or (c) any person residing in the same household with such
person.
5. "Victim" shall mean (a) a person who suffers personal physical
injury as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25 of the penal law, (4)
menacing in the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction of breathing or blood circulation as
defined in section 121.11 of the penal law, (6) harassment in the second
degree as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25 of the penal law, (8)
aggravated harassment in the second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated
harassment in the first degree as defined in subdivision two of section
240.31 of the penal law, (10) criminal contempt in the first degree as
defined in subdivision (b) or subdivision (c) of section 215.51 of the
penal law, (11) stalking in the fourth, third, second or first degree as
defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
(12) labor trafficking as defined in section 135.35 of the penal law,
(13) sex trafficking as defined in section 230.34 of the penal law; or
(14) sex trafficking of a child as defined in section 230.34-a of the
penal law; a vulnerable elderly person or an incompetent or physically
disabled person as defined in section 260.31 of the penal law who incurs
a loss of savings as defined in subdivision twenty-four of this section;
or a person who has had a frivolous lawsuit filed against them.
6. "Representative" shall mean one who represents or stands in the
place of another person, including but not limited to an agent, an
assignee, an attorney, a guardian, a committee, a conservator, a
partner, a receiver, an administrator, an executor or an heir of another
person, or a parent of a minor.
7. "Good samaritan" shall mean a person who, other than a law
enforcement officer, acts in good faith (a) to apprehend a person who
has committed a crime in his presence or who has in fact committed a
felony, (b) to prevent a crime or an attempted crime from occurring, or
(c) to aid a law enforcement officer in effecting an arrest.
8. "Essential personal property" shall mean articles of personal
property necessary and essential to the health, welfare or safety of the
victim.
9. "Elderly victim" shall mean a person sixty years of age or older
who suffers loss, or damage as a direct result of a crime.
10. "Disabled victim" shall mean a person who has (a) physical, mental
or medical impairment from anatomical, physiological or neurological
conditions which prevents the exercise of a normal bodily function or is
demonstrable by medically accepted clinical or laboratory diagnostic
techniques or (b) a record of such an impairment or (c) a condition
regarded by others as such an impairment.
11. For purposes of this article "child victim" shall mean a person
less than eighteen years of age who suffers physical, mental or
emotional injury, or loss or damage, as a direct result of a crime or
any violation listed in subdivision twelve of section six hundred
thirty-one of this article, or as a result of witnessing a crime or any
violation listed in subdivision twelve of section six hundred thirty-one
of this article.
12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual
who committed a crime against the victim of the crime, found to be
frivolous, meritless and commenced to harass, intimidate or menace the
victim by a court and costs were imposed upon the plaintiff pursuant to
section eighty-three hundred three-a of the civil practice law and
rules.
13. "Crime scene cleanup" shall mean removing, or attempting to remove
from the crime scene, blood, dirt, stains, debris, odors, or other
impurities caused by the crime or the processing of the crime scene and
the repair or replacement of permanent fixtures and floor coverings,
soiled, damaged, or rendered unusable or uncleanable by the crime, the
processing of the crime scene, or by being taken into evidence.
14. "Securing a crime scene" shall mean taking immediate, emergency
steps to return the residence where the crime occurred to the level of
safety present prior to the crime. It shall include, but not be limited
to, the repair or replacement of doors, windows, screens and locks or
other points of entry damaged or rendered unusable by the crime.
15. "Livery" shall mean a for-hire vehicle duly licensed by the
appropriate local licensing authority, designed to carry no more than
five passengers for direct cash payment by such passenger and which is
affiliated with a livery car base. The term "livery" shall not include a
vehicle driven by a "black car operator", as defined in section one
hundred sixty-cc of this chapter.
16. "Livery car base" shall mean a central facility, wherever located,
that dispatches the livery operator to both pick-up and discharge
passengers in the state.
17. "Livery operator" shall mean the registered owner of a livery, or
a driver designated by such registered owner to operate the registered
owner's livery as the registered owner's authorized designee, whose
status as a livery operator victim arose out of and in the course of
providing services while affiliated with a livery car base. The term
"livery operator" shall not include a "black car operator", as defined
in section one hundred sixty-cc of this chapter.
18. "Livery operator victim" shall mean a livery operator homicide
victim or a livery operator assault victim.
19. "Livery operator assault victim" shall mean a livery operator who
is the victim of a violent felony offense, as defined in subdivision one
of section 70.02 of the penal law, which offense directly results in a
serious physical injury, as defined in subdivision ten of section 10.00
of the penal law.
20. "Livery operator homicide victim" shall mean a livery operator who
is the victim of a homicide, as defined in article one hundred
twenty-five of the penal law.
21. "Local licensing authority" shall mean the governmental agency in
the state, if any, that is authorized to license a livery and/or a
livery car base.
22. "Financial counselling" shall mean financial services provided by
an experienced financial counsellor or adviser which may include, but
are not limited to: analysis of a victim's financial situation such as
income producing capacity and crime related financial obligations,
assistance with restructuring budget and debt, assistance in accessing
insurance, public assistance and other benefits, assistance in
completing the financial aspects of victim impact statements, and
assistance in settling estates and handling guardianship matters.
23. "Relocation expenses" shall mean the cost of relocating a crime
victim, when relocation is necessary for the health or safety of the
victim. An award for relocation expenses of a victim shall include the
reasonable cost of moving and transportation expenses for (a) the
victim, which may include the relocation expenses of their spouse and
any other person dependent for his or her principal support upon the
victim or spouse who lives in the same residence as the victim, or (b)
if the victim is a child victim eligible for such an award pursuant to
this article, the child victim, which may include the relocation
expenses of their parent, stepparent, guardian and any other person
dependent for his or her principal support upon such parent, stepparent,
and guardian who lives in the same residence as the child victim.
24. "Loss of savings" shall mean the result of any act or series of
acts of larceny as defined in article one hundred fifty-five of the
penal law, indicated by a criminal justice agency as defined in
subdivision one of section six hundred thirty-one of this article, in
which cash is stolen from a vulnerable elderly person or an incompetent
or physically disabled person as defined in section 260.31 of the penal
law.
* 25. "Domestic partner" shall mean a person who, with respect to
another person:
(a) is formally a party in a domestic partnership or similar
relationship with the other person, entered into pursuant to the laws of
the United States or of any state, local or foreign jurisdiction, or
registered as the domestic partner of the other person with any registry
maintained by the employer of either party or any state, municipality,
or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under
the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for
support, as evidenced by the totality of the circumstances indicating a
mutual intent to be a domestic partner including but not limited to:
common ownership or joint leasing of real or personal property; common
householding, shared income or shared expenses; children in common;
signs of intent to marry or become a domestic partner under paragraph
(a) or (b) of this subdivision; or the length of the personal
relationship of the persons.
Each party to a domestic partnership shall be considered to be the
domestic partner of the other party. "Domestic partner" shall not
include a person who is related to the other person by blood in a manner
that would bar marriage to the other person in New York state. "Domestic
partner" also shall not include any person who is less than eighteen
years of age or who is the adopted child of the other person or who is
related by blood in a manner that would bar marriage in New York state
to a person who is the lawful spouse of the other person.
* NB There are 2 sb 25's
* 25. "Employment-related transportation expenses" shall mean the
costs in excess of those normally expended by a victim to get to and
from their places of employment, due to the personal physical injuries
sustained as a direct result of the crime upon which the claim is based.
If required by law, such places of employment shall be reported to the
appropriate taxing authority. Such costs shall not include the purchase,
lease or rental of a vehicle.
* NB There are 2 sb 25's
1. "Office" shall mean the office of victim services.
2. "Claimant" shall mean the person filing a claim pursuant to this
article.
3. "Crime" shall mean * (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; or
* NB Effective until December 31, 2025
* (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,
apprehended or prosecuted for the commission of the act or whether the
claimant has interacted with a criminal justice agency investigating
such act; or
* NB Effective December 31, 2025
(b) an act committed outside the state of New York against a resident
of the state of New York which would be compensable had it occurred
within the state of New York and which occurred in a state which does
not have an eligible crime victim compensation program as such term is
defined in the federal victims of crime act of 1984; or
(c) an act of terrorism, as defined in section 2331 of title 18,
United States Code, committed outside of the United States against a
resident of New York state.
4. "Family", when used with reference to a person, shall mean (a) any
person related to such person within the third degree of consanguinity
or affinity, (b) any person maintaining a sexual relationship with such
person, or (c) any person residing in the same household with such
person.
5. "Victim" shall mean (a) a person who suffers personal physical
injury as a direct result of a crime; (b) a person who is the victim of
either the crime of (1) unlawful imprisonment in the first degree as
defined in section 135.10 of the penal law, (2) kidnapping in the second
degree as defined in section 135.20 of the penal law, (3) kidnapping in
the first degree as defined in section 135.25 of the penal law, (4)
menacing in the first degree as defined in section 120.13 of the penal
law, (5) criminal obstruction of breathing or blood circulation as
defined in section 121.11 of the penal law, (6) harassment in the second
degree as defined in section 240.26 of the penal law, (7) harassment in
the first degree as defined in section 240.25 of the penal law, (8)
aggravated harassment in the second degree as defined in subdivision
three or five of section 240.30 of the penal law, (9) aggravated
harassment in the first degree as defined in subdivision two of section
240.31 of the penal law, (10) criminal contempt in the first degree as
defined in subdivision (b) or subdivision (c) of section 215.51 of the
penal law, (11) stalking in the fourth, third, second or first degree as
defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
(12) labor trafficking as defined in section 135.35 of the penal law,
(13) sex trafficking as defined in section 230.34 of the penal law; or
(14) sex trafficking of a child as defined in section 230.34-a of the
penal law; a vulnerable elderly person or an incompetent or physically
disabled person as defined in section 260.31 of the penal law who incurs
a loss of savings as defined in subdivision twenty-four of this section;
or a person who has had a frivolous lawsuit filed against them.
6. "Representative" shall mean one who represents or stands in the
place of another person, including but not limited to an agent, an
assignee, an attorney, a guardian, a committee, a conservator, a
partner, a receiver, an administrator, an executor or an heir of another
person, or a parent of a minor.
7. "Good samaritan" shall mean a person who, other than a law
enforcement officer, acts in good faith (a) to apprehend a person who
has committed a crime in his presence or who has in fact committed a
felony, (b) to prevent a crime or an attempted crime from occurring, or
(c) to aid a law enforcement officer in effecting an arrest.
8. "Essential personal property" shall mean articles of personal
property necessary and essential to the health, welfare or safety of the
victim.
9. "Elderly victim" shall mean a person sixty years of age or older
who suffers loss, or damage as a direct result of a crime.
10. "Disabled victim" shall mean a person who has (a) physical, mental
or medical impairment from anatomical, physiological or neurological
conditions which prevents the exercise of a normal bodily function or is
demonstrable by medically accepted clinical or laboratory diagnostic
techniques or (b) a record of such an impairment or (c) a condition
regarded by others as such an impairment.
11. For purposes of this article "child victim" shall mean a person
less than eighteen years of age who suffers physical, mental or
emotional injury, or loss or damage, as a direct result of a crime or
any violation listed in subdivision twelve of section six hundred
thirty-one of this article, or as a result of witnessing a crime or any
violation listed in subdivision twelve of section six hundred thirty-one
of this article.
12. "Frivolous lawsuit" shall mean a lawsuit brought by the individual
who committed a crime against the victim of the crime, found to be
frivolous, meritless and commenced to harass, intimidate or menace the
victim by a court and costs were imposed upon the plaintiff pursuant to
section eighty-three hundred three-a of the civil practice law and
rules.
13. "Crime scene cleanup" shall mean removing, or attempting to remove
from the crime scene, blood, dirt, stains, debris, odors, or other
impurities caused by the crime or the processing of the crime scene and
the repair or replacement of permanent fixtures and floor coverings,
soiled, damaged, or rendered unusable or uncleanable by the crime, the
processing of the crime scene, or by being taken into evidence.
14. "Securing a crime scene" shall mean taking immediate, emergency
steps to return the residence where the crime occurred to the level of
safety present prior to the crime. It shall include, but not be limited
to, the repair or replacement of doors, windows, screens and locks or
other points of entry damaged or rendered unusable by the crime.
15. "Livery" shall mean a for-hire vehicle duly licensed by the
appropriate local licensing authority, designed to carry no more than
five passengers for direct cash payment by such passenger and which is
affiliated with a livery car base. The term "livery" shall not include a
vehicle driven by a "black car operator", as defined in section one
hundred sixty-cc of this chapter.
16. "Livery car base" shall mean a central facility, wherever located,
that dispatches the livery operator to both pick-up and discharge
passengers in the state.
17. "Livery operator" shall mean the registered owner of a livery, or
a driver designated by such registered owner to operate the registered
owner's livery as the registered owner's authorized designee, whose
status as a livery operator victim arose out of and in the course of
providing services while affiliated with a livery car base. The term
"livery operator" shall not include a "black car operator", as defined
in section one hundred sixty-cc of this chapter.
18. "Livery operator victim" shall mean a livery operator homicide
victim or a livery operator assault victim.
19. "Livery operator assault victim" shall mean a livery operator who
is the victim of a violent felony offense, as defined in subdivision one
of section 70.02 of the penal law, which offense directly results in a
serious physical injury, as defined in subdivision ten of section 10.00
of the penal law.
20. "Livery operator homicide victim" shall mean a livery operator who
is the victim of a homicide, as defined in article one hundred
twenty-five of the penal law.
21. "Local licensing authority" shall mean the governmental agency in
the state, if any, that is authorized to license a livery and/or a
livery car base.
22. "Financial counselling" shall mean financial services provided by
an experienced financial counsellor or adviser which may include, but
are not limited to: analysis of a victim's financial situation such as
income producing capacity and crime related financial obligations,
assistance with restructuring budget and debt, assistance in accessing
insurance, public assistance and other benefits, assistance in
completing the financial aspects of victim impact statements, and
assistance in settling estates and handling guardianship matters.
23. "Relocation expenses" shall mean the cost of relocating a crime
victim, when relocation is necessary for the health or safety of the
victim. An award for relocation expenses of a victim shall include the
reasonable cost of moving and transportation expenses for (a) the
victim, which may include the relocation expenses of their spouse and
any other person dependent for his or her principal support upon the
victim or spouse who lives in the same residence as the victim, or (b)
if the victim is a child victim eligible for such an award pursuant to
this article, the child victim, which may include the relocation
expenses of their parent, stepparent, guardian and any other person
dependent for his or her principal support upon such parent, stepparent,
and guardian who lives in the same residence as the child victim.
24. "Loss of savings" shall mean the result of any act or series of
acts of larceny as defined in article one hundred fifty-five of the
penal law, indicated by a criminal justice agency as defined in
subdivision one of section six hundred thirty-one of this article, in
which cash is stolen from a vulnerable elderly person or an incompetent
or physically disabled person as defined in section 260.31 of the penal
law.
* 25. "Domestic partner" shall mean a person who, with respect to
another person:
(a) is formally a party in a domestic partnership or similar
relationship with the other person, entered into pursuant to the laws of
the United States or of any state, local or foreign jurisdiction, or
registered as the domestic partner of the other person with any registry
maintained by the employer of either party or any state, municipality,
or foreign jurisdiction; or
(b) is formally recognized as a beneficiary or covered person under
the other person's employment benefits or health insurance; or
(c) is dependent or mutually interdependent on the other person for
support, as evidenced by the totality of the circumstances indicating a
mutual intent to be a domestic partner including but not limited to:
common ownership or joint leasing of real or personal property; common
householding, shared income or shared expenses; children in common;
signs of intent to marry or become a domestic partner under paragraph
(a) or (b) of this subdivision; or the length of the personal
relationship of the persons.
Each party to a domestic partnership shall be considered to be the
domestic partner of the other party. "Domestic partner" shall not
include a person who is related to the other person by blood in a manner
that would bar marriage to the other person in New York state. "Domestic
partner" also shall not include any person who is less than eighteen
years of age or who is the adopted child of the other person or who is
related by blood in a manner that would bar marriage in New York state
to a person who is the lawful spouse of the other person.
* NB There are 2 sb 25's
* 25. "Employment-related transportation expenses" shall mean the
costs in excess of those normally expended by a victim to get to and
from their places of employment, due to the personal physical injuries
sustained as a direct result of the crime upon which the claim is based.
If required by law, such places of employment shall be reported to the
appropriate taxing authority. Such costs shall not include the purchase,
lease or rental of a vehicle.
* NB There are 2 sb 25's