Bill Text: NY A03936 | 2017-2018 | General Assembly | Introduced


Bill Title: Authorizes the crime victims board to accept other official documents in lieu of police reports for documentation of eligibility for compensation for rape, sexual assault and child abuse and domestic violence.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Passed) 2018-10-01 - signed chap.295 [A03936 Detail]

Download: New_York-2017-A03936-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3936
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2017
                                       ___________
        Introduced  by M. of A. PRETLOW, ABBATE -- read once and referred to the
          Committee on Governmental Operations
        AN ACT to amend the executive law, in relation to eligibility to receive
          awards from the crime victims board
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section  631 of the executive law, as
     2  amended by section 22 of part A-1 of chapter 56 of the laws of 2010,  is
     3  amended to read as follows:
     4    1. No award shall be made unless the office finds that (a) a crime was
     5  committed,  (b) such crime directly resulted in personal physical injury
     6  to or the exacerbation of a preexisting  disability,  or  condition,  or
     7  death  of, the victim, and (c) criminal justice agency records show that
     8  such crime was promptly reported to the proper authorities;  and  in  no
     9  case may an award be made where the criminal justice agency records show
    10  that  such  report  was  made more than one week after the occurrence of
    11  such crime unless the office, for good cause shown, finds the  delay  to
    12  have  been justified[; provided, however]. Notwithstanding the foregoing
    13  provisions of this  subdivision,  in  cases  involving  an  alleged  sex
    14  offense  as  contained in article one hundred thirty of the penal law or
    15  incest as defined in section 255.25, 255.26 or 255.27 of the  penal  law
    16  or  labor  trafficking  as defined in section 135.35 of the penal law or
    17  sex trafficking as defined in section 230.34 of  the  penal  law  or  an
    18  offense  chargeable  as  a  family offense as described in section eight
    19  hundred twelve of the family court act or section 530.11 of the criminal
    20  procedure law, the criminal justice agency  report  need  only  be  made
    21  within  a  reasonable  time considering all the circumstances, including
    22  the victim's physical, emotional and mental condition and  family  situ-
    23  ation.  For  the purposes of this subdivision, "criminal justice agency"
    24  shall include, but not be limited to, a police  department,  a  district
    25  attorney's office, and any other governmental agency having responsibil-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08657-01-7

        A. 3936                             2
     1  ity  for  the  enforcement  of  the criminal laws of the state provided,
     2  however, that in cases involving such sex offense or  family  offense  a
     3  criminal  justice  agency shall also mean a family court, a governmental
     4  agency  responsible  for child and/or adult protective services pursuant
     5  to title six of article six of the social services law and/or title  one
     6  of  article  nine-B of the social services law, and any medical facility
     7  established under the laws of the state that provides a  forensic  phys-
     8  ical examination for victims of rape and sexual assault.
     9    §  2.  This  act shall take effect on the thirtieth day after it shall
    10  have become a law.
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