S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7489
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2021
                                ___________
 
 Introduced  by  M. of A. WALLACE, ZEBROWSKI -- (at request of the Office
   of Victim Services) -- read once and  referred  to  the  Committee  on
   Governmental Operations
 
 AN  ACT to    amend  the  executive  law,  in relation to victim compen-
   sation  for unlawful surveillance crimes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section    1.  Subdivision  12 of section 631 of the executive law, as
 amended by chapter 179 of the laws   of   2019, is amended  to  read  as
 follows:
   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 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  subdivi-
 sion  three  or  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 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,  OR  UNLAWFUL  DISSEMINATION OR PUBLICATION OF AN INTIMATE
 IMAGE AS DEFINED IN SECTION 245.15 OF THE PENAL LAW, or dissemination of
 an unlawful surveillance image in the second or first degree as  defined
 in  sections 250.55 and 250.60 OF THE PENAL LAW, respectively, or a hate
 crime as defined in section 485.05 of the penal law  who  has  not  been
 physically injured as a direct result of such crime shall only be eligi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09649-01-1

 A. 7489                             2
 
 ble  for  an award that includes loss of earning or support, the unreim-
 bursed cost of repair or replacement of essential personal property 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, the cost of residing at or utilizing services
 provided by shelters for battered spouses and children  as  provided  in
 subdivision  one  of  section  six  hundred  twenty-six of this article,
 transportation expenses incurred  for  necessary  court  appearances  in
 connection with the prosecution 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,  the
 unreimbursed  cost  of  crime  scene cleanup and securing a crime scene,
 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 on the one hundred eightieth day after
 it  shall have become a law and shall apply to all claims  filed  on and
 after such effective date.