S T A T E   O F   N E W   Y O R K
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                                  2499

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2009
                               ___________

Introduced  by M. of A. PRETLOW, ABBATE -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the executive law, in relation to eligibility to receive
  awards from the crime victims board

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  631 of the executive law, as
amended by chapter 74 of the  laws  of  2007,  is  amended  to  read  as
follows:
  1.  No  award  shall  be made unless the board or board member, as the
case may be, finds that (a)  a  crime  was  committed,  (b)  such  crime
directly  resulted in personal physical injury to or the exacerbation of
a preexisting disability, or condition, or death of, the victim, and (c)
criminal justice agency  records  show  that  such  crime  was  promptly
reported  to the proper authorities; and in no case may an award be made
where the criminal justice agency records show that such report was made
more than one week after the occurrence of such crime unless the  board,
for good cause shown, finds the delay to have been justified[; provided,
however].  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION,
in cases involving an alleged sex offense as contained  in  article  one
hundred  thirty of the penal law or incest as defined in section 255.25,
255.26 or 255.27 of the penal law or labor  trafficking  as  defined  in
section 135.35 of the penal law or sex trafficking as defined in section
230.34  of the penal law or an offense chargeable as a family offense as
described in section eight hundred twelve of the  family  court  act  or
section 530.11 of the criminal procedure law, the criminal justice agen-
cy report need only be made within a reasonable time considering all the
circumstances,  including  the  victim's  physical, emotional and mental
condition and family situation. For the purposes  of  this  subdivision,
"criminal justice agency" shall include, but not be limited to, a police
department,  a  district  attorney's  office, and any other governmental

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01706-01-9
              

A. 2499                             2

agency having responsibility for the enforcement of the criminal laws of
the state provided, however, that in cases involving such sex offense OR
FAMILY OFFENSE a criminal justice agency shall also mean a family court,
a  governmental  agency  responsible  for  child and/or adult protective
services pursuant to title six of article six of the social services law
and/or title one of article nine-B of the social services law,  and  any
medical facility established under the laws of the state that provides a
forensic physical examination for victims of rape and sexual assault.
  S 2. This act shall take effect on the thirtieth day after the date on
which it shall have become a law.