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

                                  1097

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by  M.  of A. ORTIZ -- Multi-Sponsored by -- M. of A. ENGLE-
  BRIGHT, HOOPER, MOSLEY -- read once and referred to the  Committee  on
  Governmental Operations

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 188 of the laws of 2014, 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
STATE  BOARD OF PAROLE PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCE-
DURE LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04389-01-5
              

A. 1097                             2

  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 five 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.