Bill Text: NY A10307 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the reimbursement of employment-related transportation expenses incurred due to the physical injuries sustained as a direct result of a crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-10-07 - SIGNED CHAP.233 [A10307 Detail]
Download: New_York-2019-A10307-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10307 IN ASSEMBLY April 22, 2020 ___________ Introduced by M. of A. CRUZ -- (at request of the Office of Victim Services) -- read once and referred to the Committee on Governmental Operations AN ACT AN ACT to amend the executive law, in relation to the reimburse- ment of employment-related transportation expenses necessary as the result of a crime The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 621 of the executive law is amended by adding a new 2 subdivision 25 to read as follows: 3 25. "Employment-related transportation expenses" shall mean the costs 4 in excess of those normally expended by a victim to get to and from 5 their places of employment, due to the personal physical injuries 6 sustained as a direct result of the crime upon which the claim is based. 7 If required by law, such places of employment shall be reported to the 8 appropriate taxing authority. Such costs shall not include the purchase, 9 lease or rental of a vehicle. 10 § 2. Subdivision 2 of section 631 of the executive law, as amended by 11 chapter 494 of the laws of 2018, is amended to read as follows: 12 2. Any award made pursuant to this article shall be in an amount not 13 exceeding out-of-pocket expenses, including indebtedness reasonably 14 incurred for medical or other services necessary as a result of the 15 injury upon which the claim is based; loss of earnings or support 16 resulting from such injury not to exceed thirty thousand dollars; loss 17 of savings not to exceed thirty thousand dollars; burial expenses not 18 exceeding six thousand dollars of a victim who died on or after November 19 first, nineteen ninety-six as a direct result of a crime; the costs of 20 crime scene cleanup and securing of a crime scene not exceeding twenty- 21 five hundred dollars; reasonable relocation expenses not exceeding twen- 22 ty-five hundred dollars; reasonable employment-related transportation 23 expenses, not exceeding twenty-five hundred dollars and the unreimbursed 24 cost of repair or replacement of articles of essential personal property 25 lost, damaged or destroyed as a direct result of the crime. An award for 26 loss of earnings shall include earnings lost by a parent or guardian as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09239-01-9A. 10307 2 1 a result of the hospitalization of a child victim under age eighteen for 2 injuries sustained as a direct result of a crime. In addition to the 3 medical or other services necessary as a result of the injury upon which 4 the claim is based, an award may be made for rehabilitative occupational 5 training for the purpose of job retraining or similar employment-orient- 6 ed rehabilitative services based upon the claimant's medical and employ- 7 ment history. For the purpose of this subdivision, rehabilitative occu- 8 pational training shall include but not be limited to educational 9 training and expenses. An award for rehabilitative occupational training 10 may be made to a victim, or to a family member of a victim where neces- 11 sary as a direct result of a crime. An award for employment-related 12 transportation expenses shall be limited to the time period necessary 13 due to the personal physical injuries sustained as a direct result of 14 the crime upon which the claim is based, as determined by the medical 15 information collected during the investigation of the claim. 16 § 3. This act shall take effect on the one hundred eightieth day after 17 it shall have become law; provided, however, that if chapter 494 of the 18 laws of 2018 shall not have taken effect on or before such date then 19 section two of this act shall take effect on the same date and in the 20 same manner as such chapter of the laws of 2018 takes effect.
