Bill Text: NY A10275 | 2017-2018 | General Assembly | Introduced

Bill Title: Relates to the reimbursement of shelter costs and crime scene cleanup for certain, non-injured victims including battered spouses and children.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2018-08-22 - signed chap.204 [A10275 Detail]

Download: New_York-2017-A10275-Introduced.html

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 10, 2018
        Introduced  by  M.  of A. PEOPLES-STOKES -- (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  reimbursement  of
          shelter costs and crime scene cleanup for certain, non-injured victims
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 12 of section 631  of  the  executive  law,  as
     2  separately  amended by section 1 of part G of chapter 55 and chapter 416
     3  of the laws of 2017, is amended to read as follows:
     4    12. Notwithstanding the provisions of subdivisions one, two and  three
     5  of  this  section, an individual who was a victim of either the crime of
     6  menacing in the second degree as defined in subdivision two or three  of
     7  section 120.14 of the penal law, menacing in the first degree as defined
     8  in section 120.13 of the penal law, criminal obstruction of breathing or
     9  blood circulation as defined in section 121.11 of the penal law, harass-
    10  ment in the second degree as defined in section 240.26 of the penal law,
    11  harassment in the first degree as defined in section 240.25 of the penal
    12  law,  aggravated  harassment in the second degree as defined in subdivi-
    13  sion three or five of  section  240.30  of  the  penal  law,  aggravated
    14  harassment  in the first degree as defined in subdivision two of section
    15  240.31 of the penal law,  criminal  contempt  in  the  first  degree  as
    16  defined  in  subdivision (b) or subdivision (c) of section 215.51 of the
    17  penal law, or stalking in the fourth, third, second or first  degree  as
    18  defined  in sections 120.45, 120.50, 120.55 and 120.60 of the penal law,
    19  respectively, or a hate crime as defined in section 485.05 of the  penal
    20  law who has not been physically injured as a direct result of such crime
    21  shall  only  be  eligible  for an award that includes loss of earning or
    22  support, the unreimbursed cost of repair  or  replacement  of  essential
    23  personal  property  that has been lost, damaged or destroyed as a direct
    24  result of such crime, the unreimbursed  cost  for  security  devices  to
    25  enhance  the personal protection of such victim, the cost of residing at
    26  or utilizing services provided by  shelters  for  battered  spouses  and
    27  children  as  provided in subdivision one of section six hundred twenty-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 10275                            2
     1  six of this article,  transportation  expenses  incurred  for  necessary
     2  court  appearances in connection with the prosecution of such crime, the
     3  unreimbursed costs of counseling provided to such victim on  account  of
     4  mental  or  emotional  stress  resulting  from the incident in which the
     5  crime occurred, the unreimbursed cost of crime scene cleanup and  secur-
     6  ing  a crime scene, reasonable relocation expenses, and for occupational
     7  or job training. For purposes  of  this  subdivision,  "necessary  court
     8  appearances"  shall  include,  but  not be limited to, any part of trial
     9  from arraignment through sentencing, pre and  post  trial  hearings  and
    10  grand jury hearings.
    11    § 2. This act shall take effect on the one hundred eightieth day after
    12  it shall have become law and shall apply to all claims filed on or after
    13  such effective date.