S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8619
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  expanding  access  to
   victim compensation funds for victims and survivors of crime
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Subdivision 3 of section 621  of  the  executive  law,  as
 amended  by  chapter  710  of  the  laws  of 1996, is amended to read as
 follows:
   3. "Crime" shall mean (a) an act committed in  New  York  state  which
 would,  if  committed  by  a  mentally  competent criminally responsible
 adult, who has no legal exemption or  defense,  constitute  a  crime  as
 defined  in and proscribed by law, REGARDLESS OF WHETHER ANY SUSPECT WAS
 ARRESTED, CHARGED, APPREHENDED OR PROSECUTED FOR THE COMMISSION OF  SUCH
 ACT OR WHETHER THE CLAIMANT HAS INTERACTED WITH A CRIMINAL JUSTICE AGEN-
 CY INVESTIGATING SUCH ACT; or
   (b)  an act committed outside the state of New York against a resident
 of the state of New York which would  be  compensable  had  it  occurred
 within  the  state  of New York and which occurred in a state which does
 not have an eligible crime victim compensation program as such  term  is
 defined in the federal victims of crime act of 1984; or
   (c)  an  act  of  terrorism,  as  defined in section 2331 of title 18,
 United States Code, committed outside of the  United  States  against  a
 resident of New York state.
   §  2. Subdivision 2 of section 625 of the executive law, as amended by
 section 10 of part A-1 of chapter 56 of the laws of 2010, is amended  to
 read as follows:
   2.  A  claim  must  be filed by the claimant not later than [one year]
 SEVEN YEARS after the occurrence or discovery of the  crime  upon  which
 such  claim  is  based,  [one  year]  SEVEN  YEARS after a court finds a
 lawsuit to be frivolous, or not later than [one year] SEVEN YEARS  after
 the  death of the victim, provided, however, that upon good cause shown,
 the office may extend the time for filing. The office shall  extend  the
 time  for  filing  where  the  claimant  received  no notice pursuant to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13970-01-1
 A. 8619                             2
 
 section six hundred twenty-five-a of this article and had  no  knowledge
 of eligibility pursuant to section six hundred twenty-four of this arti-
 cle.
   §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
 law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   (c) the investigation and determination of claims regardless of wheth-
 er  the  alleged  criminal  has  been ARRESTED, CHARGED, apprehended, or
 prosecuted for or convicted of any crime based upon the  same  incident,
 or  has  been  acquitted,  or  found not guilty of the crime in question
 owing to criminal irresponsibility or other legal exemption;
   § 4. Subdivision 1 of section 631 of the executive law, as  separately
 amended  by chapters 189 and 295 of the laws of 2018, is amended to read
 as follows:
   1. No award shall be made unless the office finds that:
   (a) a crime was committed[,];
   (b) such crime directly resulted in personal physical injury to or the
 exacerbation of a preexisting disability, or condition, or death of, the
 victim[,]; and
   (c) EITHER: (I) criminal justice agency records show that  such  crime
 was  [promptly]  reported to the proper authorities[; and in no case may
 an award be made where the criminal justice  agency  records  show  that
 such  report  was  made  more than one week after the occurrence of such
 crime unless the office, for good cause shown, finds the delay  to  have
 been  justified. Notwithstanding the foregoing provisions of this subdi-
 vision, in cases involving an alleged sex offense as contained in  arti-
 cle  one hundred thirty of the penal law or incest as defined in section
 255.25, 255.26 or 255.27 of  the  penal  law  or  labor  trafficking  as
 defined in section 135.35 of the penal law or sex trafficking as defined
 in  sections 230.34 and 230.34-a of the penal law or an offense chargea-
 ble as a family offense as described in section eight hundred twelve  of
 the  family  court  act or section 530.11 of the criminal procedure law,
 the criminal justice agency report need only be made] within  a  reason-
 able  time  considering  all  the  circumstances, including the victim's
 physical, emotional and mental condition and family situation[.]; OR
   (II) EVIDENCE  IS  PROVIDED  TO  SHOW  THAT  A  QUALIFYING  CRIME  HAS
 OCCURRED.  SUCH EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED TO, THE FOLLOW-
 ING:
   (A) A WRITTEN STATEMENT PROVIDED BY A VICTIM SERVICES PROVIDER WHO HAS
 PROVIDED  SERVICES  TO THE VICTIM OF THE CRIME, OR OTHER ELIGIBLE CLAIM-
 ANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF  THIS  ARTICLE,
 IN RESPONSE TO THE IMPACT OF THE QUALIFYING CRIME;
   (B) A STATEMENT PROVIDED BY A WITNESS TO THE QUALIFYING CRIME;
   (C)  A  STATEMENT  FROM  THE VICTIM ATTESTING TO THE VICTIM'S PERSONAL
 PHYSICAL INJURY OR THE  EXACERBATION  OF  A  PREEXISTING  DISABILITY  OR
 CONDITION,  PROVIDED THAT THE OFFICE SHALL NOT REQUIRE THE DISCLOSURE OF
 CONFIDENTIAL INFORMATION RELATING TO SUCH PHYSICAL INJURY;
   (D) A TEMPORARY OR PERMANENT RESTRAINING  ORDER  OR  PROTECTIVE  ORDER
 ISSUED  BY  A COURT TO PROTECT OR SEPARATE THE VICTIM, OR OTHER ELIGIBLE
 CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTI-
 CLE, FROM THE PERSON WHO IS RESPONSIBLE FOR THE QUALIFYING CRIME;
   (E) A STATEMENT FROM A LICENSED MEDICAL PROVIDER, PHYSICIAN'S  ASSIST-
 ANT,  NURSE  PRACTITIONER OR OTHER PERSON LICENSED TO PROVIDE MEDICAL OR
 MENTAL HEALTH CARE DOCUMENTING  THAT  THE  VICTIM  EXPERIENCED  PHYSICAL
 INJURY  OR THE EXACERBATION OF A PREEXISTING DISABILITY OR CONDITION, AS
 A RESULT OF THE QUALIFYING CRIME; OR
 A. 8619                             3
 
   (F) A VIDEO, AUDIO, OR PHOTOGRAPHIC RECORDING OF THE COMMISSION OF THE
 QUALIFYING CRIME.
   For  the purposes of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 ney's  office,  and  any other governmental agency having responsibility
 for the enforcement of the criminal laws of the state provided, however,
 that in cases involving such sex offense or family  offense  a  criminal
 justice  agency  shall  also  mean a family court, a governmental agency
 responsible for child and/or adult protective services pursuant to title
 six of article six of the social services law and/or title one of  arti-
 cle  nine-B  of the social services law, and any medical facility estab-
 lished under the laws of the state that  provides  a  forensic  physical
 examination for victims of rape and sexual assault.
   § 5. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8619--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by M. of A. MEEKS -- read once and referred to the Committee
   on Governmental Operations -- recommitted to the Committee on  Govern-
   mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the executive law, in relation to expanding eligibility
   for victims and survivors of crime to access victim compensation funds
   by removing the mandatory law enforcement  reporting  requirement  and
   providing  alternative forms of evidence that would show that a quali-
   fying crime was committed
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 3 of section 621 of the execu-
 tive  law,  as amended by chapter 710 of the laws of 1996, is amended to
 read as follows:
   (a) an act committed in New York state which would, if committed by  a
 mentally  competent  criminally  responsible  adult,  who  has  no legal
 exemption or defense, constitute a crime as defined in and proscribed by
 law, REGARDLESS OF WHETHER ANY SUSPECT  WAS  ARRESTED,  CHARGED,  APPRE-
 HENDED OR PROSECUTED FOR THE COMMISSION OF THE ACT OR WHETHER THE CLAIM-
 ANT  HAS  INTERACTED  WITH  A CRIMINAL JUSTICE AGENCY INVESTIGATING SUCH
 ACT; or
   § 2. Subdivision 2 of section 625 of the executive law, as amended  by
 section  10 of part A-1 of chapter 56 of the laws of 2010, is amended to
 read as follows:
   2. A claim must be filed by the claimant not  later  than  [one  year]
 SEVEN  YEARS  after  the occurrence or discovery of the crime upon which
 such claim is based, [one year]  SEVEN  YEARS  after  a  court  finds  a
 lawsuit  to be frivolous, or not later than [one year] SEVEN YEARS after
 the death of the victim, provided, however, that upon good cause  shown,
 the  office  may extend the time for filing. The office shall extend the
 time for filing where  the  claimant  received  no  notice  pursuant  to
 section  six  hundred twenty-five-a of this article and had no knowledge
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13970-02-2
              

 A. 8619--A                          2
 
 of eligibility pursuant to section six hundred twenty-four of this arti-
 cle.
   §  3.  Paragraph  (c) of subdivision 1 of section 627 of the executive
 law, as added by section 18 of part A-1 of chapter 56  of  the  laws  of
 2010, is amended to read as follows:
   (c) the investigation and determination of claims regardless of wheth-
 er the alleged criminal has been ARRESTED, CHARGED, apprehended or pros-
 ecuted  for  or  convicted of any crime based upon the same incident, or
 has been acquitted, or found not guilty of the crime in  question  owing
 to criminal irresponsibility or other legal exemption;
   §  4. Subdivision 1 of section 631 of the executive law, as separately
 amended by chapters 189 and 295 of the laws of 2018, is amended to  read
 as follows:
   1.  No  award  shall be made unless the office finds that: (a) a crime
 was committed[,]; (b) such crime directly resulted in personal  physical
 injury to or the exacerbation of a preexisting disability, or condition,
 or  death of, the victim[,]; and (c) EITHER: (I) criminal justice agency
 records show that such crime  was  [promptly]  reported  to  the  proper
 authorities[;  and  in  no  case may an award be made where the criminal
 justice agency records show that such report was made more than one week
 after the occurrence of such crime unless the  office,  for  good  cause
 shown, finds the delay to have been justified. Notwithstanding the fore-
 going  provisions of this subdivision, in cases involving an alleged sex
 offense as contained in article one hundred thirty of the penal  law  or
 incest  as  defined in section 255.25, 255.26 or 255.27 of the penal law
 or labor trafficking as defined in section 135.35 of the  penal  law  or
 sex  trafficking as defined in sections 230.34 and 230.34-a of the penal
 law or an offense chargeable as a family offense as described in section
 eight hundred twelve of the family court act or section  530.11  of  the
 criminal  procedure law, the criminal justice agency report need only be
 made] within  a  reasonable  time  considering  all  the  circumstances,
 including  the  victim's  physical,  emotional  and mental condition and
 family situation[.]; OR (II) EVIDENCE IS PROVIDED TO SHOW THAT A  QUALI-
 FYING  CRIME HAS OCCURRED. THIS EVIDENCE MAY INCLUDE, BUT IS NOT LIMITED
 TO, THE FOLLOWING:
   (A) A WRITTEN STATEMENT PROVIDED BY A VICTIM SERVICES PROVIDER WHO HAS
 PROVIDED SERVICES TO THE VICTIM OF THE CRIME, OR OTHER  ELIGIBLE  CLAIM-
 ANTS  AS  IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTICLE,
 IN RESPONSE TO THE IMPACT OF THE QUALIFYING CRIME;
   (B) A STATEMENT PROVIDED BY A WITNESS TO THE QUALIFYING CRIME;
   (C) A STATEMENT FROM THE VICTIM ATTESTING  TO  THE  VICTIM'S  PERSONAL
 PHYSICAL  INJURY  OR  THE  EXACERBATION  OF A PREEXISTING DISABILITY, OR
 CONDITION PROVIDED THAT THE OFFICE SHALL NOT REQUIRE THE  DISCLOSURE  OF
 CONFIDENTIAL INFORMATION RELATING TO SUCH PHYSICAL INJURY;
   (D)  A  TEMPORARY  OR  PERMANENT RESTRAINING ORDER OR PROTECTIVE ORDER
 ISSUED BY A COURT TO PROTECT OR SEPARATE THE VICTIM, OR  OTHER  ELIGIBLE
 CLAIMANTS AS IDENTIFIED IN SECTION SIX HUNDRED TWENTY-FOUR OF THIS ARTI-
 CLE, FROM THE PERSON WHO IS RESPONSIBLE FOR THE QUALIFYING CRIME;
   (E)  A STATEMENT FROM A LICENSED MEDICAL PROVIDER, PHYSICIAN'S ASSIST-
 ANT, NURSE PRACTITIONER OR OTHER PERSON LICENSED TO PROVIDE  MEDICAL  OR
 MENTAL  HEALTH  CARE  DOCUMENTING  THAT  THE VICTIM EXPERIENCED PHYSICAL
 INJURY OR THE EXACERBATION OF A PREEXISTING DISABILITY, OR CONDITION  AS
 A RESULT OF THE QUALIFYING CRIME; OR
   (F) A VIDEO, AUDIO, OR PHOTOGRAPHIC RECORDING OF THE COMMISSION OF THE
 QUALIFYING CRIME.
 A. 8619--A                          3
 
   For  the purposes of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 ney's  office,  and  any other governmental agency having responsibility
 for the enforcement of the criminal laws of the state provided, however,
 that  in  cases  involving such sex offense or family offense a criminal
 justice agency shall also mean a family  court,  a  governmental  agency
 responsible for child and/or adult protective services pursuant to title
 six  of article six of the social services law and/or title one of arti-
 cle nine-B of the social services law, and any medical  facility  estab-
 lished  under  the  laws  of the state that provides a forensic physical
 examination for victims of rape and sexual assault.
   § 5. This act shall take effect immediately.