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

                                 5916--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by  M.  of  A.  ORTIZ,  HOOPER, ENGLEBRIGHT -- read once and
  referred to the Committee on Governmental Operations -- recommitted to
  the Committee on Governmental Operations in accordance  with  Assembly
  Rule  3,  sec.  2  --  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 534 of the laws of 2011, 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 MEETINGS WITH A MEMBER OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06406-02-4
              

A. 5916--A                          2

STATE BOARD OF PAROLE PURSUANT TO SECTION 440.50 OF THE CRIMINAL  PROCE-
DURE 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 HEARINGS AND MEETINGS WITH A MEMBER OF  THE  STATE  BOARD  OF
PAROLE 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, criminal obstruction of breathing or
blood circulation as defined in section 121.11 of the penal law, harass-
ment 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 subdivision 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 replacement of essential personal proper-
ty 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] APPEARANCES in  connection  with  the  prose-
cution  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 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 MEETINGS WITH A MEMBER  OF  THE  STATE
BOARD  OF  PAROLE  PURSUANT  TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
LAW.
  S 2. This act shall take effect immediately.