Bill Text: NY S06167 | 2019-2020 | General Assembly | Introduced
Bill Title: Limits the awards available to certain victims of unlawful surveillance crimes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-08-21 - signed chap.179 [S06167 Detail]
Download: New_York-2019-S06167-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6167 2019-2020 Regular Sessions IN SENATE May 21, 2019 ___________ Introduced by Sen. PERSAUD -- (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 victim compensation for unlawful surveillance crimes 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 631 of the executive law, as 2 amended by section 1 of part G of chapter 55 of the laws of 2017, is 3 amended to read as follows: 4 11. 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 one of section 7 120.14 of the penal law; menacing in the third degree as defined in 8 section 120.15 of the penal law; unlawful imprisonment in the first 9 degree as defined in section 135.10 of the penal law; kidnapping in the 10 second degree as defined in section 135.20 of the penal law; kidnapping 11 in the first degree as defined in section 135.25 of the penal law; crim- 12 inal mischief in the fourth degree as defined in subdivision four of 13 section 145.00 of the penal law; robbery in the third degree as defined 14 in section 160.05 of the penal law; robbery in the second degree as 15 defined in subdivision one, paragraph [b] (b) of subdivision two or 16 subdivision three of section 160.10 of the penal law; [or] robbery in 17 the first degree as defined in subdivisions two, three and four of 18 section 160.15 of the penal law; unlawful surveillance in the second 19 degree as defined in section 250.45 of the penal law; or unlawful 20 surveillance in the first degree as defined in section 250.50 of the 21 penal law who has not been physically injured as a direct result of such 22 crime shall only be eligible for an award that includes loss of earnings 23 and the unreimbursed costs of counseling provided to such victim on EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09232-01-9S. 6167 2 1 account of mental or emotional stress resulting from the incident in 2 which the crime occurred. 3 § 2. Subdivision 12 of section 631 of the executive law, as amended by 4 chapter 204 of the laws of 2018, is amended to read as follows: 5 12. Notwithstanding the provisions of subdivisions one, two and three 6 of this section, an individual who was a victim of either the crime of 7 menacing in the second degree as defined in subdivision two or three of 8 section 120.14 of the penal law, menacing in the first degree as defined 9 in section 120.13 of the penal law, criminal obstruction of breathing or 10 blood circulation as defined in section 121.11 of the penal law, harass- 11 ment in the second degree as defined in section 240.26 of the penal law, 12 harassment in the first degree as defined in section 240.25 of the penal 13 law, aggravated harassment in the second degree as defined in subdivi- 14 sion three or five of section 240.30 of the penal law, aggravated 15 harassment in the first degree as defined in subdivision two of section 16 240.31 of the penal law, criminal contempt in the first degree as 17 defined in subdivision (b) or subdivision (c) of section 215.51 of the 18 penal law, or stalking in the fourth, third, second or first degree as 19 defined in sections 120.45, 120.50, 120.55 and 120.60 of the penal law, 20 respectively, or dissemination of an unlawful surveillance image in the 21 second or first degree as defined in sections 250.55 and 250.60, respec- 22 tively, or a hate crime as defined in section 485.05 of the penal law 23 who has not been physically injured as a direct result of such crime 24 shall only be eligible for an award that includes loss of earning or 25 support, the unreimbursed cost of repair or replacement of essential 26 personal property that has been lost, damaged or destroyed as a direct 27 result of such crime, the unreimbursed cost for security devices to 28 enhance the personal protection of such victim, the cost of residing at 29 or utilizing services provided by shelters for battered spouses and 30 children as provided in subdivision one of section six hundred twenty- 31 six of this article, transportation expenses incurred for necessary 32 court appearances in connection with the prosecution of such crime, the 33 unreimbursed costs of counseling provided to such victim on account of 34 mental or emotional stress resulting from the incident in which the 35 crime occurred, the unreimbursed cost of crime scene cleanup and secur- 36 ing a crime scene, reasonable relocation expenses, and for occupational 37 or job training. For purposes of this subdivision, "necessary court 38 appearances" shall include, but not be limited to, any part of trial 39 from arraignment through sentencing, pre and post trial hearings and 40 grand jury hearings. 41 § 3. This act shall take effect on the one hundred eightieth day after 42 it shall have become a law.
