NY State Senate Bill 2023-S7805

Senate Bill S7805

2023-2024 Legislative Session

Relates to the award of crime victim assistance funds for victims of overdoses where a substance was administered through deception or surreptitously

download bill text pdf

Current Bill Status - In Senate Committee Crime Victims, Crime And Correction 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to crime victims, crime and correction
Dec 13, 2023	referred to rules

co-Sponsors

View additional co-sponsors

2023-S7805 (ACTIVE) - Details

See Assembly Version of this Bill:: A8397
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§632-a & 621, Exec L

2023-S7805 (ACTIVE) - Summary

Permits award of crime victim assistance funds to victims of overdoses, where such overdoses cause death and were the result of deception, surreptitious delivery, or third-party administration of a controlled substance.

2023-S7805 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7805

SPONSOR: MURRAY
 
TITLE OF BILL:

An act to amend the executive law, in relation to the award of crime
victim assistance funds to victims of overdoses, where such overdoses
were the result of deception, surreptitious delivery, or third-party
administration of a controlled substance which causes death

 
PURPOSE:

This bill amends the executive law to include families of children lost
to a fatal overdose for financial compensation under the law.

 
SUMMARY OF PROVISIONS:

Section 1: amends subparagraph (ii) of paragraph (e) of subdivision 1 of
section 632-a of the executive law, as amended by section 24 of part A-1
of chapter 56 of the laws of 2010.

Section 2: amends paragraph (e) of subdivision 1 of section 632-a of the

executive law by adding a new subparagraph (iii).

Section 3: amends subdivision 5 of section 621 of the executive law, as
amended by chapter 189 of the laws of 2018.

Section 4: sets the effective date.

 
JUSTIFICATION:

The New York State Office of Victims Services (OVS) administers a fund
whereby victims of crimes that happen in New York State may be eligible
to get reimbursed for certain crime-related, out-of-pocket expenses.
Types of compensation OVS can provide include medical and counseling
expenses; funeral and burial expenses; relocation, moving, and storage
costs; lost earnings or loss of support.

Eligibility for compensation from this fund depends on the type of crime
that occurred. This legislation would expand that eligibility to any
fatal drug overdose resulting from a sale that is categorized as reck-
less or criminally negligent where a substance was administered through
deception or surreptitiously. This change in law will allow the families
of loved ones lost to nefarious drug crimes to obtain critically impor-
tant financial compensation during their time of need.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined, however, the crime victim assistance fund is financed
by criminal fines, forfeited bail bonds, and penalties paid by convicted
offenders, not from tax dollars, so there should be no cost to the
state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7805 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7805
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 13, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to  the  award  of  crime
   victim  assistance funds to victims of overdoses, where such overdoses
   were the result of deception, surreptitious delivery,  or  third-party
   administration of a controlled substance which causes death
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (ii) of paragraph  (e)  of  subdivision  1  of
 section 632-a of the executive law, as amended by section 24 of part A-1
 of chapter 56 of the laws of 2010, is amended to read as follows:
   (ii)  Notwithstanding the provisions of subparagraph (i) of this para-
 graph a "specified crime" shall not mean or include an  offense  defined
 in  any of the following articles of the penal law: articles one hundred
 fifty-eight, one hundred seventy-eight, [two hundred twenty, two hundred
 twenty-one,] two hundred twenty-five, and two hundred thirty.
   § 2. Paragraph (e) of subdivision 1 of section 632-a of the  executive
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARA-
 GRAPH  A  "SPECIFIED CRIME" SHALL NOT MEAN OR INCLUDE AN OFFENSE DEFINED
 IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW UNLESS IT IS DEMONSTRATED
 THAT SUCH OFFENSE (A) INVOLVES THE DEATH OF  THE  VICTIM;  (B)  INVOLVES
 DECEPTION,  SURREPTITIOUS  DELIVERY,  OR THIRD-PARTY ADMINISTRATION OF A
 CONTROLLED SUBSTANCE BY ANOTHER PERSON; AND (C) THE VICTIM'S CONSUMPTION
 OF THE CONTROLLED SUBSTANCE WAS PREDICATED UPON, OR A DIRECT RESULT  OF,
 THE  DECEPTION, SURREPTITIOUS DELIVERY, OR THIRD-PARTY ADMINISTRATION BY
 ANOTHER PERSON. FOR PURPOSES OF THIS SUBPARAGRAPH, AN ACT OF "DECEPTION"
 SHALL INCLUDE, BUT NOT BE LIMITED TO, A CIRCUMSTANCE WHERE A THIRD-PARTY
 SELLS, ADMINISTERS, DELIVERS, OR CAUSES DELIVERY OF A MIXTURE, COMPOUND,
 OR COMBINATION OF SUBSTANCES AND DOES NOT DISCLOSE TO THE IMMEDIATE NEXT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13551-01-3
 S. 7805                             2

 
 RECIPIENT THE FULL AND ACCURATE LISTING OF SUBSTANCES CONTAINED IN  SUCH
 MIXTURE, COMPOUND, OR COMBINATION OF SUBSTANCES.
   §  3. Subdivision 5 of section 621 of the executive law, as amended by
 chapter 189 of the laws of 2018, is amended to read as follows:
   5. "Victim" shall mean (a) a  person  who  suffers  personal  physical
 injury  as a direct result of a crime; (b) a person who is the victim of
 either the crime of (1) unlawful imprisonment in  the  first  degree  as
 defined in section 135.10 of the penal law, (2) kidnapping in the second
 degree  as defined in section 135.20 of the penal law, (3) kidnapping in
 the first degree as defined in section 135.25  of  the  penal  law,  (4)
 menacing  in  the first degree as defined in section 120.13 of the penal
 law, (5) criminal obstruction  of  breathing  or  blood  circulation  as
 defined in section 121.11 of the penal law, (6) harassment in the second
 degree  as defined in section 240.26 of the penal law, (7) harassment in
 the first degree as defined in section 240.25  of  the  penal  law,  (8)
 aggravated  harassment  in  the  second degree as defined in subdivision
 three or five of section 240.30 of the penal law, (9) aggravated harass-
 ment in the first degree as defined in subdivision two of section 240.31
 of the penal law, (10) criminal contempt in the first degree as  defined
 in  subdivision  (b)  or  subdivision (c) of section 215.51 of the penal
 law, (11) 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,
 (12) labor trafficking as defined in section 135.35 of  the  penal  law,
 (13)  sex  trafficking as defined in section 230.34 of the penal law; or
 (14) sex trafficking of a child as defined in section  230.34-a  of  the
 penal  law;  a vulnerable elderly person or an incompetent or physically
 disabled person as defined in section 260.31 of the penal law who incurs
 a loss of savings as defined in subdivision twenty-four of this section;
 or a person who has had a frivolous lawsuit filed against them; AND  (C)
 A  PERSON  WHO  SUFFERS  DEATH  AS  A RESULT OF DECEPTION, SURREPTITIOUS
 DELIVERY, OR THIRD-PARTY ADMINISTRATION OF  A  CONTROLLED  SUBSTANCE  BY
 ANOTHER  PERSON UNDER CIRCUMSTANCES ARTICULATED IN SUBPARAGRAPH (III) OF
 PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THIRTY-TWO-A  OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.