S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3338
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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 AND GRAND JURY HEARINGS.
   10. Notwithstanding any contrary provision  of  law,  an  award  shall
 include  reasonable transportation expenses incurred for necessary court

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

                                                            LBD08622-01-7

 S. 3338                             2
 
 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.
   § 2. This act shall take effect immediately.