S T A T E   O F   N E W   Y O R K
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                                  2327

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

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 section 22 of part A-1 of chapter 56 of the laws of 2010,  is
amended to read as follows:
  1. No award shall be made unless the office 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 office, 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 agency  report  need  only  be  made
within  a  reasonable  time considering all the circumstances, including
the victim's physical, emotional and mental condition and  family  situ-
ation.  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 agency having responsibil-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02597-01-1
              

A. 2327                             2

ity  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  phys-
ical 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.