S T A T E O F N E W Y O R K
________________________________________________________________________
8603--A
I N S E N A T E
March 21, 2022
___________
Introduced by Sen. SALAZAR -- read twice and ordered printed, and when
printed to be committed to the Committee on Crime Victims, Crime and
Correction -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the executive law, in relation to awards made to crime
victims
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8 of section 621 of the executive law, as added
by chapter 197 of the laws of 1983, is amended to read as follows:
8. "Essential personal property" shall mean articles of personal prop-
erty necessary and essential to the health, welfare or safety of the
victim.
(A) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
VICTIM SHALL MEAN PERSONAL PROPERTY OF A VICTIM THAT IS LOST, DAMAGED,
OR STOLEN AS A RESULT OF A CRIME AND FOR WHICH REIMBURSEMENT OR REPLACE-
MENT IS REASONABLY NECESSARY FOR THE VICTIM TO RESTORE STABILITY OR
MAINTAIN A REASONABLE AND/OR BASIC STANDARD OF LIVING.
(B) THE OFFICE SHALL PROMULGATE RULES AND REGULATIONS FOR THE DETERMI-
NATION AND APPROVAL OF WHAT CONSTITUTES PROPERTY REASONABLY NECESSARY TO
RESTORE OR MAINTAIN A REASONABLE AND/OR BASIC STANDARD OF LIVING
CONSISTENT WITH THIS ARTICLE.
§ 2. Subdivision 9 of section 631 of the executive law, as amended by
chapter 487 of the laws of 2014, is amended to read as follows:
9. (A) Any award made for the cost of repair or replacement of essen-
tial personal property, including cash losses of essential personal
property, shall be limited to an amount of [five] TWENTY-FIVE hundred
dollars, except that all cash losses of essential personal property
shall be limited to the amount of one hundred dollars. In the case of
medically necessary life-sustaining equipment which was lost or damaged
as the direct result of a crime, the award shall be limited to the
amount of ten thousand dollars.
(B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
THE OFFICE MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES OR RECEIPTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15008-02-2
S. 8603--A 2
FOR PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE CRIME.
A CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR DAMAGED
PERSONAL ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
REIMBURSEMENT FOR SUCH ITEMS. THE OFFICE SHALL CONSIDER ALL THE FACTS
AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
(C) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
VICTIM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ITEMS LOST,
DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
(I) CLOTHING;
(II) SHOES;
(III) FURNITURE;
(IV) APPLIANCES;
(V) ELECTRONICS; AND
(VI) BEDDING.
(D) PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) SOFA, COUCH, LOVESEAT, OR CHAIR;
(II) DINING TABLE;
(III) BED/MATTRESS;
(IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
(V) LAMP;
(VI) REFRIGERATOR;
(VII) MICROWAVE;
(VIII) STOVE;
(IX) DISHES AND EATING UTENSILS;
(X) TELEVISION;
(XI) TELEPHONE OR CELL PHONE;
(XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
(XIII) STROLLER.
(E) ELIGIBLE ESSENTIAL PERSONAL PROPERTY AS SPECIFIED IN SUBDIVISION
(D) OF THIS SECTION, INCLUDING ANY PROPERTY NOT SPECIFICALLY ENUMERATED
IN SUBDIVISION (D) OF THIS SECTION, MAY BE REIMBURSED AT A REASONABLE
RATE AS DETERMINED BY THE OFFICE, PROVIDED THAT SUCH RATE DOES NOT
EXCEED TWENTY-FIVE HUNDRED DOLLARS.
§ 3. Subdivision 9 of section 631 of the executive law, as amended by
section 1 of part I of chapter 55 of the laws of 2022, is amended to
read as follows:
9. (A) Any award made for the cost of repair or replacement of essen-
tial personal property, including cash losses of essential personal
property, shall be limited to an amount of twenty-five hundred dollars,
except that all cash losses of essential personal property shall be
limited to the amount of one hundred dollars. In the case of medically
necessary life-sustaining equipment which was lost or damaged as the
direct result of a crime, the award shall be limited to the amount of
ten thousand dollars.
(B) FOR PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM,
THE OFFICE MAY REQUEST THAT THE CLAIMANT PROVIDE ESTIMATES OR RECEIPTS
FOR PERSONAL PROPERTY LOST, DAMAGED OR STOLEN AS A RESULT OF THE CRIME.
A CLAIMANT'S INABILITY TO PRODUCE A RECEIPT FOR LOST, STOLEN OR DAMAGED
PERSONAL ITEMS SHALL NOT IN ITSELF DISQUALIFY A CLAIMANT FROM RECEIVING
REIMBURSEMENT FOR SUCH ITEMS. THE OFFICE SHALL CONSIDER ALL THE FACTS
AND CIRCUMSTANCES OF EACH CASE BEFORE MAKING A DETERMINATION.
(C) PERSONAL PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE
VICTIM SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ITEMS LOST,
DAMAGED, OR STOLEN AS A RESULT OF THE CRIME:
(I) CLOTHING;
S. 8603--A 3
(II) SHOES;
(III) FURNITURE;
(IV) APPLIANCES;
(V) ELECTRONICS; AND
(VI) BEDDING.
(D) PROPERTY NECESSARY AND ESSENTIAL TO THE WELFARE OF THE VICTIM
SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) SOFA, COUCH, LOVESEAT, OR CHAIR;
(II) DINING TABLE;
(III) BED/MATTRESS;
(IV) SHEETS, PILLOWS, COMFORTERS AND BLANKETS;
(V) LAMP;
(VI) REFRIGERATOR;
(VII) MICROWAVE;
(VIII) STOVE;
(IX) DISHES AND EATING UTENSILS;
(X) TELEVISION;
(XI) TELEPHONE OR CELL PHONE;
(XII) TOYS FOR CHILDREN UNDER SIX YEARS OLD; AND
(XIII) STROLLER.
(E) ELIGIBLE ESSENTIAL PERSONAL PROPERTY AS SPECIFIED IN SUBDIVISION
(D) OF THIS SECTION, INCLUDING ANY PROPERTY NOT SPECIFICALLY ENUMERATED
IN SUBDIVISION (D) OF THIS SECTION, MAY BE REIMBURSED AT A REASONABLE
RATE AS DETERMINED BY THE OFFICE, PROVIDED THAT SUCH RATE DOES NOT
EXCEED TWENTY-FIVE HUNDRED DOLLARS.
§ 4. This act shall take effect immediately; provided, however, that
section three of this act shall take effect on the same date and in the
same manner as section 1 of part I of chapter 55 of the laws of 2022,
takes effect.