Bill Text: NY A07051 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the definition of a "child victim" and to awards for certain child victims.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-21 - signed chap.178 [A07051 Detail]

Download: New_York-2019-A07051-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7051
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                      April 4, 2019
                                       ___________
        Introduced  by  M.  of  A.  BURKE, TITUS -- (at request of the Office of
          Victim Services) -- read once and referred to the Committee on Govern-
          mental Operations
        AN ACT to amend the executive law, in  relation  to  the  definition  of
          "child victims" and to awards for certain child victims
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 11 of section 621  of  the  executive  law,  as
     2  amended  by  chapter  56  of  the  laws  of  1988, is amended to read as
     3  follows:
     4    11. For purposes of this article "child victim" shall  mean  a  person
     5  less  than  eighteen  years  of  age  who  suffers  physical,  mental or
     6  emotional injury, or loss or damage, as a direct result of  a  crime  or
     7  any  violation listed in subdivision twelve of section six hundred thir-
     8  ty-one of this article, or as a result of  witnessing  a  crime  or  any
     9  violation listed in subdivision twelve of section six hundred thirty-one
    10  of this article.
    11    §  2.  Subdivision 17 of section 631 of the executive law, as added by
    12  chapter 272 of the laws of 2009, is amended to read as follows:
    13    17. Notwithstanding the provisions of subdivision one of this section,
    14  where a child victim has not been physically injured as a direct  result
    15  of  a  crime  or  any  violation  listed  in  subdivision twelve of this
    16  section, or has witnessed a crime or any violation listed in subdivision
    17  twelve of this section in which no physical injury occurred, the  claim-
    18  ant  shall  only be eligible for an award that includes the unreimbursed
    19  cost of repair or replacement of  essential  personal  property  of  the
    20  child victim that has been lost, damaged or destroyed as a direct result
    21  of  a  crime  or  any  violation  listed  in  subdivision twelve of this
    22  section, transportation expenses incurred by the claimant for  necessary
    23  court appearances of the child victim in connection with the prosecution
    24  of such crimes, and, if counseling is commenced within one year from the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09237-01-9
        A. 7051                             2
     1  date  of  the  incident  or  its discovery, (1) the unreimbursed cost of
     2  counseling provided  to  the  child  victim  on  account  of  mental  or
     3  emotional  stress  resulting from the incident in which the crime or any
     4  violation  listed in subdivision twelve of this section occurred, and/or
     5  (2) the unreimbursed cost of counseling provided to the claimant  eligi-
     6  ble  under paragraph (h) of subdivision one of section six hundred twen-
     7  ty-four of this article and resulting from the  incident  in  which  the
     8  crime  or  any  violation  listed  in subdivision twelve of this section
     9  occurred.
    10    § 3. This act shall take effect on the one hundred eightieth day after
    11  it shall have become a law.