Bill Text: NY S05878 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5878 (Prior Session Legislation)

Introduced

Bill Title: Relates to the eligibility for awards for victims of a crime; includes the commission of suicide within two years after being a victim of a crime as a death that is the direct result of a crime.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S05878 Detail]

Download: New_York-2019-S05878-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          5878

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Crime Victims,  Crime  and
          Correction

        AN ACT to amend the executive law, in relation to eligibility for awards
          for victims of a crime

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraphs (i) and (j) of subdivision 1 of section  624  of
     2  the  executive  law, subdivision (i) as amended by section 9 of part A-1
     3  of chapter 56 of the laws of 2010 and subdivision (j) as added by  chap-
     4  ter 427 of the laws of 1999, are amended to read as follows:
     5    (i)  a  surviving  spouse  of  a crime victim who died from causes not
     6  directly related to the crime when such victim died prior  to  filing  a
     7  claim  with  the office or subsequent to filing a claim but prior to the
     8  rendering of a decision by the office. Such award shall  be  limited  to
     9  out-of-pocket loss incurred as a direct result of the crime; [and]
    10    (j)  a  spouse,  child  or  stepchild  of  a victim of a crime who has
    11  sustained personal physical injury as a direct result of a crime[.]; and
    12    § 2. Section 624 of the executive law  is  amended  by  adding  a  new
    13  subdivision 3 to read as follows:
    14    3.  For  the purposes of this article, a victim of a crime who commits
    15  suicide within two years after such crime shall be deemed to  have  died
    16  as  a direct result of such crime, unless the office determines that the
    17  suicide was not in any way a result of being the victim of such crime.
    18    § 3. Subdivision 5 of section 631 of the executive law is  amended  by
    19  adding a new paragraph (h) to read as follows:
    20    (h)  Notwithstanding  any  inconsistent provision of this article, the
    21  office shall disregard the responsibility of  the  victim  for  his  own
    22  injury  where  the record shows that the victim committed suicide within
    23  two years after such  crime,  unless  the  office  determines  that  the
    24  suicide was not in any way a result of being the victim of such crime.
    25    § 4. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10699-02-9