Senate Bill S5878

2019-2020 Legislative Session

Relates to the eligibility for awards for victims of a crime

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S5878 (ACTIVE) - Details

See Assembly Version of this Bill:
A6845
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Executive Law
Laws Affected:
Amd §§624 & 631, Exec L
Versions Introduced in Other Legislative Sessions:
2021-2022: S6333, A5239
2023-2024: S8180, A5534

2019-S5878 (ACTIVE) - Summary

Relates to the eligibility for awards for victims of a crime; includes the commission of suicide within two years after being a victim of a crime as a death that is the direct result of a crime.

2019-S5878 (ACTIVE) - Sponsor Memo

2019-S5878 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5878
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 16, 2019
                                ___________
 
 Introduced  by  Sen.  SERINO -- 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 eligibility for awards
   for victims of a crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (i) and (j) of subdivision 1 of section  624  of
 the  executive  law, subdivision (i) as amended by section 9 of part A-1
 of chapter 56 of the laws of 2010 and subdivision (j) as added by  chap-
 ter 427 of the laws of 1999, are amended to read as follows:
   (i)  a  surviving  spouse  of  a crime victim who died from causes not
 directly related to the crime when such victim died prior  to  filing  a
 claim  with  the office or subsequent to filing a claim but prior to the
 rendering of a decision by the office. Such award shall  be  limited  to
 out-of-pocket loss incurred as a direct result of the crime; [and]
   (j)  a  spouse,  child  or  stepchild  of  a victim of a crime who has
 sustained personal physical injury as a direct result of a crime[.]; AND
   § 2. Section 624 of the executive law  is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3.  FOR  THE PURPOSES OF THIS ARTICLE, A VICTIM OF A CRIME WHO COMMITS
 SUICIDE WITHIN TWO YEARS AFTER SUCH CRIME SHALL BE DEEMED TO  HAVE  DIED
 AS  A DIRECT RESULT OF SUCH CRIME, UNLESS THE OFFICE DETERMINES THAT THE
 SUICIDE WAS NOT IN ANY WAY A RESULT OF BEING THE VICTIM OF SUCH CRIME.
   § 3. Subdivision 5 of section 631 of the executive law is  amended  by
 adding a new paragraph (h) to read as follows:
   (H)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
 OFFICE SHALL DISREGARD THE RESPONSIBILITY OF  THE  VICTIM  FOR  HIS  OWN
 INJURY  WHERE  THE RECORD SHOWS THAT THE VICTIM COMMITTED SUICIDE WITHIN
 TWO YEARS AFTER SUCH  CRIME,  UNLESS  THE  OFFICE  DETERMINES  THAT  THE
 SUICIDE WAS NOT IN ANY WAY A RESULT OF BEING THE VICTIM OF SUCH CRIME.
   § 4. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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