S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5239
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2021
                                ___________
 
 Introduced  by M. of A. BARRETT -- read once and referred to the Commit-
   tee on Governmental Operations
 
 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, paragraph (i) as amended by section 9 of part A-1  of
 chapter  56  of the laws of 2010 and paragraph (j) as amended by chapter
 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
                       [ ] is old law to be omitted.
              

                                                            LBD05223-01-1