NY State Senate Bill 2021-S8976

Archive: Last Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 30, 2022	signed chap.343
Jun 22, 2022	delivered to governor
May 18, 2022	returned to senate passed assembly ordered to third reading cal.248 substituted for a7502
May 17, 2022	referred to ways and means delivered to assembly passed senate
May 11, 2022	advanced to third reading
May 10, 2022	2nd report cal.
May 09, 2022	1st report cal.1146
May 03, 2022	referred to crime victims, crime and correction

Votes

- May 17, 2022 - Floor Vote
  S8976
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 17, 2022
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      excused (2)
      
      Brouk
      
      Sanders Jr.
  May 9, 2022 - Crime Victims, Crime And Correction Committee Vote
  S8976
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Crime Victims, Crime And Correction Committee Vote: May 9, 2022
      
      aye (7)
      
      Akshar
      
      Bailey
      
      Gallivan
      
      Myrie
      
      Rivera
      
      Salazar
      
      Sepúlveda

2021-S8976 (ACTIVE) - Details

See Assembly Version of this Bill:: A7502
Law Section:: Executive Law
Laws Affected:: Amd §631, Exec L

2021-S8976 (ACTIVE) - Summary

Relates to award to victims of certain crimes.

2021-S8976 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8976

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to awards to victims of
certain crimes

1.  
PURPOSE:

The purpose of this measure is to expand eligibility to crime victims
who did not suffer a physical injury but were victims of the crimes of
reckless endangerment in the second and first degree as defined in
section 120.20 and 120.25, respectively, of the Penal Law.

2.  
SUMMARY OF PROVISIONS:

Section one amends subdivision (11) of section 631 of the executive law,
expanding those eligible, non-injured victims of certain, enumerated
crimes to include the crimes of reckless endangerment in the second and
first degrees. This also adds language in the same section, expanding
reimbursable expenses to include crime scene cleanup and securing a

crime scene.

Section two is the effective date.

3.  
EXISTING LAW:

Under current law, to be eligible for reimbursement for certain crime-
related expenses, one must be a physically injured victim of a crime
unless excepted by other provision(s) of the enacting statute.  Subdivi-
sions 11 and 12 of section 631 are two such provisions which except the
physical injury requirement, providing certain, enumerated benefits to
the victims of certain, enumerated crimes.

4.  
LEGISLATIVE HISTORY:

This is a new bill.

5.  
STATEMENT IN SUPPORT:

Current law generally requires a physical injury in order for a victim
to be eligible for reimbursement of crime-related expenses from OVS.
There are, however, provisions which except the physical injury require-
ment for victims of certain enumerated crimes. Subdivisions 11 and 12 of
section 631 of the Executive Law list excepted crimes and the allowed
expenses.  Subdivision 11 particularly, excepts the physical injury
requirement for crimes that are typically considered one-off instances
which nonetheless result in certain needs. These victims are eligible
for loss of earnings and the unreimbursed costs of mental health coun-
seling. The addition of victims of these reckless endangerment charges
is a fitting and natural extension of these provisions.  However, with
the expansion of charges under this subdivision, it also makes sense to
include the capped, reimbursable expense of crime scene cleanup and
securing a crime scene to meet the potential needs of such victims.

6.  
POSSIBLE OBJECTIONS:

None known at this time.
7.  
OTHER STATE AGENCIES INTERESTED:

OPDV, DOS

8.  
KNOWN POSITION OF OTHERS:

OPDV supports.

9.  
BUDGET IMPLICATIONS:

This measure will have minimal fiscal impact for the OVS.

10.  
LOCAL IMPACT:

This measure will have no impact on local governments.

2021-S8976 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8976
 
                             I N  S E N A T E
 
                                May 3, 2022
                                ___________
 
 Introduced  by  Sen.  SALAZAR  --  (at  request  of the Office of Victim
   Services) -- 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 awards to victims of
   certain crimes
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  11  of  section 631 of the executive law, as
 amended by chapter 179 of the laws  of  2019,  is  amended  to  read  as
 follows:
   11.  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 one of section
 120.14 of the penal law; menacing in the  third  degree  as  defined  in
 section  120.15  of  the  penal law; RECKLESS ENDANGERMENT IN THE SECOND
 DEGREE AS DEFINED IN SECTION 120.20 OF THE PENAL LAW; RECKLESS ENDANGER-
 MENT IN THE FIRST DEGREE AS DEFINED IN SECTION 120.25 OF THE PENAL  LAW;
 unlawful  imprisonment  in the first degree as defined in section 135.10
 of the penal law; kidnapping in the second degree as defined in  section
 135.20  of  the  penal law; kidnapping in the first degree as defined in
 section 135.25 of the penal law; criminal mischief in the fourth  degree
 as  defined  in  subdivision  four  of  section 145.00 of the penal law;
 robbery in the third degree as defined in section 160.05  of  the  penal
 law;  robbery  in the second degree as defined in subdivision one, para-
 graph (b) of subdivision two or subdivision three of section  160.10  of
 the  penal  law;  robbery in the first degree as defined in subdivisions
 two, three and four  of  section  160.15  of  the  penal  law;  unlawful
 surveillance  in  the  second degree as defined in section 250.45 of the
 penal law; or unlawful surveillance in the first degree  as  defined  in
 section 250.50 of the penal law who has not been physically injured as a
 direct  result  of  such  crime shall only be eligible for an award that
 includes loss of earnings, THE UNREIMBURSED COST OF CRIME SCENE  CLEANUP
 AND  SECURING  A  CRIME  SCENE, and the unreimbursed costs of counseling
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09940-01-1

 S. 8976                             2
 
 provided to such victim on account of mental or emotional stress result-
 ing from the incident in which the crime occurred.
   § 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 or
 after such date.

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Senate Bill S8976

Sponsored By

Archive: Last Bill Status - Signed by Governor

May 17, 2022 - Floor Vote

Floor Vote: May 17, 2022

May 9, 2022 - Crime Victims, Crime And Correction Committee Vote

Crime Victims, Crime And Correction Committee Vote: May 9, 2022

2021-S8976 (ACTIVE) - Details

2021-S8976 (ACTIVE) - Summary

2021-S8976 (ACTIVE) - Sponsor Memo

2021-S8976 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8976

Share this bill

Sponsored By

Julia Salazar

Archive: Last Bill Status - Signed by Governor

2021-S8976 (ACTIVE) - Details

2021-S8976 (ACTIVE) - Summary

2021-S8976 (ACTIVE) - Sponsor Memo

2021-S8976 (ACTIVE) - Bill Text download pdf

Comments