Bill Text: NY S07995 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the information necessary to investigate compensation claims.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-09 - REPORTED AND COMMITTED TO FINANCE [S07995 Detail]
Download: New_York-2017-S07995-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7995 IN SENATE March 16, 2018 ___________ Introduced by Sen. GALLIVAN -- (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 A1 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 amended by 10 section 22 of part A1 of chapter 56 of the laws of 2010, is amended to 11 read 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; provided, 21 however, in cases involving an alleged sex offense as contained in arti- 22 cle one hundred thirty of the penal law or incest as defined in section 23 255.25, 255.26 or 255.27 of the penal law or labor trafficking as 24 defined in section 135.35 of the penal law or sex trafficking as defined 25 in section 230.34 of the penal law or an offense chargeable as a family 26 offense as described in section eight hundred twelve of the family court 27 act or section 530.11 of the criminal procedure law, the criminal EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14377-01-8S. 7995 2 1 justice agency report need only be made within a reasonable time consid- 2 ering all the circumstances, including the victim's physical, emotional 3 and mental condition and family situation. For the purposes of this 4 subdivision, "criminal justice agency" shall include, but not be limited 5 to, a police department, a district attorney's office, and any other 6 governmental agency having responsibility for the enforcement of the 7 criminal laws of the state provided, however, that in cases involving 8 [such] sex [offense] offenses a criminal justice agency shall also mean 9 a family court, a governmental agency responsible for child and/or adult 10 protective services pursuant to title six of article six of the social 11 services law and/or title one of article nine-B of the social services 12 law, and any medical facility established under the laws of the state 13 that provides a forensic physical examination for victims of rape and 14 sexual assault. In the event that inconsistent reports among two or 15 more criminal justice agencies exist for the same incident, the office 16 shall consider the totality of the circumstances among all reports in 17 order to accomplish the purpose of this article. 18 § 3. This act shall take effect immediately.