Bill Text: NY S06153 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to the information necessary to investigate compensation claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-29 - referred to governmental operations [S06153 Detail]

Download: New_York-2019-S06153-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6153

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 20, 2019
                                       ___________

        Introduced  by  Sen.  SEPULVEDA  --  (at request of the Office of Victim
          Services) -- 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 the information neces-
          sary to investigate compensation claims

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

     1    Section 1. Subdivision 4 of section  623  of  the  executive  law,  as
     2  amended  by  section 8 of part A-1 of chapter 56 of the laws of 2010, is
     3  amended to read as follows:
     4    4. To request from the division of state police, from county or munic-
     5  ipal police departments and agencies and from any other state or munici-
     6  pal department or agency, or public authority, and the same  are  hereby
     7  authorized  to,  and  shall  provide,  such  assistance and data as will
     8  enable the office to carry out its functions and duties.
     9    § 2. Subdivision 1 of section 631 of the executive law, as  separately
    10  amended  by chapters 189 and 295 of the laws of 2018, is amended to read
    11  as follows:
    12    1. No award shall be made unless the office finds that (a) a crime was
    13  [committed] indicated by criminal justice agency records, (b) such crime
    14  directly resulted in personal physical injury to or the exacerbation  of
    15  a preexisting disability, or condition, or death of, the victim, and (c)
    16  criminal  justice  agency  records  show  that  such  crime was promptly
    17  reported to the proper authorities; and in no case may an award be  made
    18  where the criminal justice agency records show that such report was made
    19  more than one week after the occurrence of such crime unless the office,
    20  for  good  cause shown, finds the delay to have been justified. Notwith-
    21  standing the foregoing provisions of this subdivision, in cases  involv-
    22  ing an alleged sex offense as contained in article one hundred thirty of
    23  the  penal  law or incest as defined in section 255.25, 255.26 or 255.27
    24  of the penal law or labor trafficking as defined in  section  135.35  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09234-01-9
        S. 6153                             2

     1  the  penal  law  or  sex  trafficking  as defined in sections 230.34 and
     2  230.34-a of the penal law or an offense chargeable as a  family  offense
     3  as  described in section eight hundred twelve of the family court act or
     4  section 530.11 of the criminal procedure law, the criminal justice agen-
     5  cy report need only be made within a reasonable time considering all the
     6  circumstances,  including  the  victim's  physical, emotional and mental
     7  condition and family situation. For the purposes  of  this  subdivision,
     8  "criminal justice agency" shall include, but not be limited to, a police
     9  department,  a  district  attorney's  office, and any other governmental
    10  agency having responsibility for the enforcement of the criminal laws of
    11  the  state  provided,  however,  that  in  cases  involving  [such]  sex
    12  [offense]  offenses  or  family  offense a criminal justice agency shall
    13  also mean a family court, a governmental agency  responsible  for  child
    14  and/or adult protective services pursuant to title six of article six of
    15  the social services law and/or title one of article nine-B of the social
    16  services law, and any medical facility established under the laws of the
    17  state  that provides a forensic physical examination for victims of rape
    18  and sexual assault.  In the event that inconsistent reports among two or
    19  more criminal justice agencies exist for the same incident,  the  office
    20  shall  consider  the  totality of the circumstances among all reports in
    21  order to accomplish the purpose of this article.
    22    § 3. This act shall take effect immediately.