Assembly Bill A8059

2021-2022 Legislative Session

Relates to eligibility requirements for victims of sex offenses to receive awards from the office of victim services

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • 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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2021-A8059 (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
Law Section:
Executive Law
Laws Affected:
Amd §631, Exec L

2021-A8059 (ACTIVE) - Summary

Relates to eligibility requirements for victims of sex offenses to receive awards from the office of victim services; removes time limitations on when reports of a sex offense must be made; removes requirement that a victim of a sex offense participate in the criminal justice system; establishes that a written or verbal statement made to certain persons shall be deemed to be a report to a criminal justice agency.

2021-A8059 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8059
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 11, 2021
                                ___________
 
 Introduced  by  M. of A. GONZALEZ-ROJAS -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  eligibility  require-
   ments for victims of sex offenses to receive awards from the office of
   victim services

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  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) 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
 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 proce-
 dure 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.
 For  the  purposes  of this subdivision, "criminal justice agency" shall
 include, but not be limited to, a police department, a  district  attor-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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