BILL NUMBER:S4345

TITLE OF BILL:  An act to amend the executive law, in relation to
eligibility of and awards to certain family members for crime scene
clean-up

Purpose Of Bill:  This bill would amend the Executive Law to authorize
the Office of Victim Services (OVS) to make awards for crime scene
clean-up to certain family members who resided with a homicide victim.

Summary of Provisions:

Section one of the bill would add a new paragraph (k) to Executive Law
§ 624(1) to make a surviving spouse, child or stepchild of a homicide
victim eligible for an award for crime scene clean-up, when he or she
shared a residence with the victim.

Section two of the bill would add a new subdivision eighteen to
Executive Law § 631 to authorize an award for crime scene clean-up to
those family members of a homicide victim made eligible in section one
of the bill.

Section three of the bill contains the effective date.

Existing Law:  Currently, Executive Law § 631(2) limits an OVS award
to an amount not exceeding "out-of-pocket" expenses. Executive Law
              

626(1), which defines "out-of-pocket" expenses, limits an award for
family members of a homicide victim to reimbursement for the costs of
counseling. It does not authorize OVS to make an award to a surviving
household member of the homicide victim.

Prior Legislative History:  This is a new bill.

Statement in Support:  OVS may only make an award for crime scene
clean-up to a surviving victim of a crime. This person is eligible for
such an award, in part, to begin the emotional healing process related
to what may be the most traumatic event in his or her life.

In the instance of a homicide, however, there is no similar provision
which would allow OVS to make such an award to the victim's family who
lived in the same residence. While current law permits OVS to provide
counseling to these family members, it does not permit OVS to make an
award to the same persons for crime scene clean-up. An OVS award for
counseling to these family members is crucial in their emotional
healing. OVS' assistance with cleaning-up any reminders of such crime
is also an important component in such healing.

Budget Implications:  This measure will have minimal fiscal impact for
the OVS. Any potential increase in compensation costs would be offset
by an increase in the federal reimbursement for victim compensation.

Effective Date:  This bill would take effect 30 days after it becomes
a law.