NY State Senate Bill 2015-S2034A

Senate Bill S2034A

Vetoed By Governor

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status Via A1097 - 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
Nov 28, 2016	tabled vetoed memo.228
Nov 16, 2016	delivered to governor
Jun 16, 2016	returned to assembly passed senate 3rd reading cal.1861 substituted for s2034a
Jun 16, 2016	substituted by a1097a ordered to third reading cal.1861 committee discharged and committed to rules
Jun 09, 2016	print number 2034a
Jun 09, 2016	amend and recommit to crime victims, crime and correction
Jan 06, 2016	referred to crime victims, crime and correction
Jan 21, 2015	referred to crime victims, crime and correction

Votes

- Jun 16, 2016 - Floor Vote
  A1097
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 16, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 16, 2016 - Rules Committee Vote
  S2034A
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 16, 2016
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

2015-S2034 - Details

See Assembly Version of this Bill:: A1097
Law Section:: Executive Law
Laws Affected:: Amd §631, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4405, A6532
2011-2012: S3813, A4201
2013-2014: S3360, A5916
2017-2018: S3338, A6857

2015-S2034 - 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.

2015-S2034 - Sponsor Memo

                                BILL NUMBER:S2034

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 & 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, ref to rules, passed
Assembly, delivered to Senate, ref to Crime Victims, Crime and
Corrections 2007/08 - A.6675 -ref to Governmental operations 2009-10 -
S.4405-A/S.6532-B (Ortiz) Vetoed Memo 18.


EFFECTIVE DATE:

Immediately.

2015-S2034 - Bill Text download pdf

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

                                  2034

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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

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

S. 2034                             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.

2015-S2034A (ACTIVE) - Details

See Assembly Version of this Bill:: A1097
Law Section:: Executive Law
Laws Affected:: Amd §631, Exec L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4405, A6532
2011-2012: S3813, A4201
2013-2014: S3360, A5916
2017-2018: S3338, A6857

2015-S2034A (ACTIVE) - Summary

2015-S2034A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2034A

 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, and grand jury 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, ref to rules, passed Assembly, delivered to Senate, ref to
Crime Victims, Crime and Corrections
2007/08 - A.6675 -ref to Governmental operations
2009-10 - S.4405-A/S.6532-B (Ortiz) Vetoed Memo 18.

 EFFECTIVE DATE :
Immediately.

2015-S2034A (ACTIVE) - Bill Text download pdf

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

                                 2034--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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 -- recommitted to the Committee on Crime Victims,
  Crime  and  Correction  in  accordance  with  Senate Rule 6, sec. 8 --
  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04389-02-6

S. 2034--A                          2

TO,  ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST
TRIAL HEARINGS AND GRAND JURY HEARINGS.
  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 AND
GRAND JURY HEARINGS.
  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 AND GRAND JURY HEARINGS.
  S 2. This act shall take effect immediately.

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