NY State Senate Bill 2009-S4405

Senate Bill S4405

Vetoed By Governor

2009-2010 Legislative Session

Defines necessary court appearance for purposes of determination of crime victim's award

download bill text pdf

Archive: Last Bill Status Via A6532 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 22, 2009	tabled
Jul 21, 2009	vetoed memo.18
Jul 10, 2009	delivered to governor
Jun 01, 2009	returned to assembly passed senate
May 26, 2009	3rd reading cal.348 substituted for s4405a
May 26, 2009	substituted by a6532b
May 20, 2009	advanced to third reading
May 19, 2009	2nd report cal.
May 18, 2009	1st report cal.348
May 12, 2009	print number 4405a
May 12, 2009	amend and recommit to crime victims, crime and correction
Apr 22, 2009	referred to crime victims, crime and correction

Votes

- Jun 1, 2009 - Floor Vote
  A6532
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (3)
      
      Alesi
      
      Larkin
      
      Seward

Bill Amendments

Original

A (Active)

2009-S4405 - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: S3813
2013-2014: S3360
2015-2016: S2034
2017-2018: S3338

2009-S4405 - Summary

Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.

2009-S4405 - Sponsor Memo

                                 BILL NUMBER:  S4405

 TITLE OF BILL :  An act to amend the executive law, in relation to
the definition of necessary court appearances for purposes of
determining crime victim's award

 PURPOSE OF THE BILL :

The bill defines the term "necessary court appearance" for the purpose
of determining crime victim compensation.

 SUMMARY OF SPECIFIC PROVISIONS :

Under the bill, the term "necessary court appearance" in subdivisions
8 and 10 of section 631 of the executive law is defined to include any
part of trial from arraignment through sentencing, pre and post trial
hearings, grand jury hearings and parole hearings.

 JUSTIFICATION :

The success of the judicial system is directly impacted by the
treatment of and input from crime victims. Our judicial system can
function more effectively when victims report crimes, confer with
prosecutors, testify at hearings and trial, and participate in other
phases.  Notwithstanding that fact, some victims have been alienated
from the system and their quest for justice because they can

ill-afford to cover all the transportation costs associated with
attending and participating in all phases of prosecution.

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

Currently, there is no limit on the amount of compensation a victim
may receive with respect to covering transportation costs. However,
there is no definition in statute as to what is considered a necessary
court appearance.

 PRIOR LEGISLATIVE HISTORY :

1996 - A. 9614 (S.7157) was referred to codes from governmental
operations and from codes to rules. Rules reported the bill and
ordered it to third reading.
1998 - A.325(S.1647) was referred to crime victims, crime and
correction.
1999/2000 - A.3109 (S.3702) referred to governmental operations,
reported, referred to codes, reported from codes, advanced to third
reading, passed Assembly, delivered to Senate Crime victims, Crime and
Correction, died in Senate; Committed to Rules, ordered to third
reading, passed Assembly
2001/02 - A.4321 (S.504) - referred to governmental affairs, passed
Assembly, died in Senate; committed to rules, passed Assembly,
delivered to Senate, referred to crime victims, crime and corrections.
2004 - A.4011 - referred to crime victims, crime and correction
2005/06 - A.5512 - Ref to Governmental operations, ref to codes,
passed Assembly, delivered to Senate, died in Senate, returned to
Assembly, referred to rules, passed Assembly, delivered to Senate,
referred to Crime Victims, Crime and Corrections
2007/08 - A.6675 - referred to Governmental operations

 EFFECTIVE DATE :
Immediately.

2009-S4405 - Bill Text download pdf

co-Sponsors

2009-S4405A (ACTIVE) - Details

Versions Introduced in Other Legislative Sessions:: 2011-2012: S3813
2013-2014: S3360
2015-2016: S2034
2017-2018: S3338

2009-S4405A (ACTIVE) - Summary

2009-S4405A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4405A

 TITLE OF BILL :  An act to amend the executive law, in relation to
the definition of necessary court appearances for purposes of
determining crime victim's award

 PURPOSE OF THE BILL : The bill defines the term "necessary court
appearance" for the purpose of determining crime victim compensation.

 SUMMARY OF SPECIFIC PROVISIONS : Under the bill, the term "necessary
court appearance" in subdivisions 8, 10 and 12 of section 631 of the
executive law is defined to include any part of trial from arraignment
through sentencing, pre and post trial hearings, grand jury hearings
and parole hearings for the purpose of fulfilling the rights accorded
to victims pursuant to section 440.50 of the criminal procedure law.

 JUSTIFICATION : The success of the judicial system is directly
impacted by the treatment of and input from crime victims. Our
judicial system can function more effectively when victims report
crimes, confer with prosecutors, testify at hearings and trial, and
participate in other phases. Notwithstanding that fact, some victims
have been alienated from the system and their quest for justice
because they can ill-afford to cover all the transportation costs
associated with attending and participating in all phases of
prosecution.

 FISCAL IMPLICATIONS FOR STATE E. LOCAL GOVERNMENTS :  Currently,
there is no limit on the amount of compensation a victim may receive
with respect to covering transportation costs. However, there is no
definition in statute as to what is considered a necessary court
appearance.

 PRIOR LEGISLATIVE HISTORY : 1996 - A. 9614 (8.7157) was referred to
codes from governmental operations and from codes to rules. Rules
reported the bill and ordered it to third reading.  1998 -
A.325(8.1647)was referred to crime victims, crime and correction.
1999/2000 - A.3109 (8.3702) referred to governmental operations,
reported, referred to codes, reported from codes, advanced to third
reading, passed Assembly, delivered to Senate Crime victims, Crime and
Correction, died in Senate; Committed to Rules, ordered to third
reading, passed Assembly 2001/02 - A.4321 (8.504) - referred to
governmental affairs, passed Assembly, died in Senate; committed to
rules, passed Assembly, delivered to Senate, referred to crime
victims, crime and corrections.  2004 - A4011 - referred to crime
victims, crime and correction 2005/06 - A5512 - Ref to Governmental
operations, ref to codes, passed Assembly, delivered to Senate, died
in Senate, returned to Assembly, ref to rules, passed Assembly,
delivered to Senate, ref to Crime Victims, Crime and Corrections
2007/08 - A6675 - ref to Governmental operations

 EFFECTIVE DATE : Immediately.

2009-S4405A (ACTIVE) - Bill Text download pdf

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

                                 4405--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee  on  Crime  Victims,
  Crime  and  Correction  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the executive law, in  relation  to  the  definition  of
  necessary court appearances for purposes of determining crime victim's
  award

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

  Section 1. Subdivisions 8, 10 and 12 of section 631 of  the  executive
law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi-
vision  10  as added by chapter 197 of the laws of 1983, and subdivision
12 as amended by chapter 377 of the laws of 2005, are amended to read as
follows:
  8. Notwithstanding the provisions of subdivisions one, two  and  three
of  this  section,  an elderly or disabled victim who has not been phys-
ically injured as a direct result of a crime, shall only be eligible for
an award that includes the unreimbursed cost of repair or replacement of
essential personal property that has been lost, damaged or destroyed  as
a  direct result of a crime, transportation expenses incurred for neces-
sary court appearances in connection with the prosecution of such crimes
and the unreimbursed cost of counselling  provided  to  the  elderly  or
disabled  victim  on  account of mental or emotional stress or financial
counselling provided to the elderly or disabled  victim  on  account  of
financial  difficulty  resulting  from  the  incident in which the crime
occurred if such counselling or financial counselling is commenced with-
in one year from the date of the incident.  FOR PURPOSES OF THIS  SUBDI-
VISION,  "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED
TO, ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND  POST
TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10013-05-9

S. 4405--A                          2

OF  FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50
OF THE CRIMINAL PROCEDURE LAW.
  10.  Notwithstanding  any  contrary  provision  of law, an award shall
include reasonable transportation expenses incurred for necessary  court
appearances in connection with the prosecution of such crimes upon which
the  claim is based.  FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT
APPEARANCES" SHALL INCLUDE BUT NOT BE LIMITED TO ANY PART OF A  PROCEED-
ING  FROM  ARRAIGNMENT  THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS,
GRAND JURY AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS
ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
LAW.
  12. Notwithstanding the provisions of subdivisions one, two and  three
of  this  section, an individual who was a victim of either the crime of
menacing in the second degree as defined in subdivision two or three  of
section 120.14 of the penal law, menacing in the first degree as defined
in  section  120.13 of the penal law, harassment in the second degree as
defined in subdivision two or three of section 240.26 of the penal  law,
harassment in the first degree as defined in section 240.25 of the penal
law,  aggravated  harassment in the second degree as defined in subdivi-
sion four of section 240.30 of the penal law, aggravated  harassment  in
the  first degree as defined in subdivision two of section 240.31 of the
penal law, criminal contempt in the first degree as defined in paragraph
(ii) or (iv) of subdivision (b) or subdivision (c) of section 215.51  of
the  penal law, or stalking in the fourth, third, second or first degree
as defined in sections 120.45, 120.50, 120.55 and 120.60  of  the  penal
law,  respectively,  who  has  not  been  physically injured as a direct
result of such crime shall only be eligible for an award  that  includes
loss  of earning or support, the unreimbursed cost of repair or replace-
ment of essential personal property  that  has  been  lost,  damaged  or
destroyed  as  a  direct result of such crime, the unreimbursed cost for
security devices to enhance the  personal  protection  of  such  victim,
transportation  expenses incurred for necessary court [expenses] APPEAR-
ANCES in connection with the prosecution of such crime, the unreimbursed
costs of counseling provided to such victim  on  account  of  mental  or
emotional  stress  resulting  from  the  incident  in  which  the  crime
occurred, reasonable relocation expenses, and for  occupational  or  job
training.    FOR  PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT APPEAR-
ANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO,  ANY  PART  OF  TRIAL  FROM
ARRAIGNMENT  THROUGH SENTENCING, PRE AND POST TRIAL HEARINGS, GRAND JURY
HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING  THE  RIGHTS
ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
LAW.
  S 2. This act shall take effect immediately.

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