S T A T E O F N E W Y O R K
________________________________________________________________________
5443
2025-2026 Regular Sessions
I N A S S E M B L Y
February 14, 2025
___________
Introduced by M. of A. CHANDLER-WATERMAN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to reports and awards by
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. Section 623 of the executive law is amended by adding a new
subdivision 18-a to read as follows:
18-A. TO PUBLICIZE THROUGH THE OFFICE, STATE, COUNTY, AND MUNICIPAL
CRIMINAL JUSTICE AGENCIES, STATEWIDE COALITIONS, VICTIM SERVICE PROVID-
ERS, SURVIVOR SUPPORT AGENCIES, HOSPITALS, MEDICAL, MENTAL HEALTH OR
OTHER COUNSELING SERVICE PROVIDERS, LOCAL PROGRAMS FOR CRIME VICTIMS,
AND OTHER PUBLIC OR PRIVATE AGENCIES, THE EXISTENCE OF THE PROGRAMS
FUNDED BY THE OFFICE, INCLUDING THE PROCEDURES FOR OBTAINING COMPEN-
SATION FROM THE OFFICE AS DEFINED IN SECTION SIX HUNDRED TWENTY-FIVE-A
OF THIS ARTICLE.
§ 2. Subdivision 20 of section 623 of the executive law, as amended by
chapter 489 of the laws of 2014, is amended to read as follows:
20. To render [each year] ANNUALLY to the governor and [to] the legis-
lature, AND TO THE PUBLIC VIA THE OFFICE'S WEBSITE, on or before Decem-
ber first of each year, a written report on the office's activities
including, but not limited to, specific information on each of the
subdivisions of this section. [Such]
(A) THE ANNUAL report shall also include but not be limited to infor-
mation regarding crime victim service programs, including:
[(1)] (I) the programs funded by the office;
[(2)] (II) other sources of funding for crime victims service
programs;
[(3)] (III) an assessment of the adequacy of the current level of
appropriation to the office to meet the reasonable needs of crime
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08947-01-5
A. 5443 2
victims service programs for funding under section six hundred thirty-
one-a of this article; and
[(4)] (IV) an estimate of the reasonable needs of programs in the next
fiscal year.
(B) THE ANNUAL REPORT SHALL ALSO INCLUDE BUT NOT BE LIMITED TO INFOR-
MATION REGARDING THE OFFICE'S PERFORMANCE MEASURES, INCLUDING:
(I) THE NUMBER OF CLAIM APPLICATIONS FILED WITH THE OFFICE;
(II) THE NUMBER OF CLAIMS ACCEPTED, INCLUDING DISAGGREGATED DATA
DENOTING THE CLAIMS ACCEPTED BY TYPE, FOR ELIGIBILITY DETERMINATIONS;
(III) THE NUMBER OF CLAIMS REJECTED, INCLUDING DISAGGREGATED DATA
DENOTING THE CATEGORICAL REASONS FOR CLAIMS REJECTED;
(IV) THE NUMBER OF CLAIMS RESULTING IN NO AWARD DECISIONS, INCLUDING
DISAGGREGATED DATA DENOTING THE CATEGORICAL REASONS FOR NO AWARD DECI-
SIONS;
(V) THE NUMBER OF CLAIMS AWARDED, INCLUDING DISAGGREGATED DATA DENOT-
ING THE CLAIM TYPE FOR CLAIMS AWARDED;
(VI) ANONYMIZED DATA DENOTING THE RACE, GENDER, AGE, SEXUAL ORIEN-
TATION, AND COUNTY OF RESIDENCE FOR CLAIM APPLICATIONS FILED, CLAIMS
ACCEPTED, CLAIMS REJECTED, CLAIMS RESULTING IN NO AWARD DECISIONS, AND
CLAIMS AWARDED;
(VII) ANONYMIZED DATA DENOTING THE CRIME INVOLVED IN CLAIM APPLICA-
TIONS FILED, CLAIMS ACCEPTED, CLAIMS REJECTED, CLAIMS RESULTING IN NO
AWARD DECISIONS, AND CLAIMS AWARDED; AND
(VIII) THE AVERAGE TIME BETWEEN THE OFFICE RECEIVING AN APPLICATION,
THE DETERMINATION OF ELIGIBILITY, AND THE FIRST AWARD TO THE VICTIM.
(C) AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FIVE, PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION SIX HUNDRED THIRTY-ONE, THE
ANNUAL REPORT SHALL ALSO INCLUDE BUT NOT BE LIMITED TO INFORMATION
REGARDING THE RECORDS INDICATING THE COMMISSION OF A CRIME, INCLUDING:
(I) THE NUMBER OF CLAIMS USING THE RECORDS OF A SUPPORT AGENCY FOR
SURVIVORS OF CRIME, INCLUDING DISAGGREGATED DATA DENOTING THE CATEGORI-
CAL TYPE OF SUPPORT AGENCY FOR SURVIVORS OF CRIME; AND
(II) THE NUMBER OF CLAIMS USING THE RECORDS OF A CRIMINAL JUSTICE
AGENCY, INCLUDING DISAGGREGATED DATA DENOTING THE CATEGORICAL TYPE OF
CRIMINAL JUSTICE AGENCY.
(D) THE ANNUAL REPORT SHALL ALSO INCLUDE BUT NOT BE LIMITED TO INFOR-
MATION REGARDING THE OFFICE'S PERFORMANCE OF THE DUTY OF PUBLICIZATION
PURSUANT TO SUBDIVISION EIGHTEEN-A OF THIS SECTION.
§ 3. Paragraphs (i), (j), and (k) of subdivision 1 of section 624 of
the executive law, paragraph (i) as amended by section 9 of part A-1 of
chapter 56 of the laws of 2010, paragraph (j) as added by chapter 427 of
the laws of 1999, and paragraph (k) as amended by chapter 117 of the
laws of 2017, are amended and a new paragraph (l) is added to read as
follows:
(i) a surviving spouse of a crime victim who died from causes not
directly related to the crime when such victim died prior to filing a
claim with the office or subsequent to filing a claim but prior to the
rendering of a decision by the office. Such award shall be limited to
out-of-pocket loss incurred as a direct result of the crime; [and]
(j) a spouse, child or stepchild of a victim of a crime who has
sustained personal physical injury as a direct result of a crime[.];
(k) a surviving spouse, grandparent, parent, stepparent, guardian,
[brother, sister, stepbrother, stepsister,] SIBLING, STEPSIBLINGS,
child, stepchild, or grandchild of a victim of a crime who died as a
direct result of such crime and where such crime occurred in the resi-
dence shared by such family member or members and the victim[.]; AND
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(1) ANY PERSON NOT OTHERWISE ELIGIBLE UNDER THIS SUBDIVISION WHO HAS
PAID FOR OR INCURRED THE CRIME SCENE CLEANUP EXPENSES, PROVIDED THAT
SUCH PERSON SHALL ONLY BE ELIGIBLE TO RECEIVE AN AWARD PURSUANT TO THIS
ARTICLE FOR CRIME SCENE CLEANUP.
§ 4. Subdivisions 1 and 1-a of section 625-a of the executive law,
subdivision 1 as amended by section 15 of part A-1 of chapter 56 of the
laws of 2010, and subdivision 1-a as added by chapter 416 of the laws of
1979, are amended to read as follows:
1. [Every] THE OFFICE SHALL SUPPLY INFORMATIVE BOOKLETS, PAMPHLETS AND
OTHER PERTINENT WRITTEN INFORMATION, INCLUDING INFORMATION CARDS, TO
EVERY police station, precinct house, SUPPORT AGENCY FOR SURVIVORS OF
CRIME AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX
HUNDRED THIRTY-ONE OF THIS ARTICLE AFTER DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-FIVE, any appropriate location where a crime may be
reported and any location required by the rules and regulations of the
office [shall have available informative booklets, pamphlets and other
pertinent written information, including information cards, to be
supplied by the office], relating to the availability of crime victims
compensation including all necessary application blanks required to be
filed with the office and shall [display prominently] PROVIDE posters
giving notification of the existence and general provisions of this
article, those provisions of the penal law that prohibit the intim-
idation of crime victims and the location of the nearest crime victim
service program. The office [may] SHALL issue guidelines for the PROMI-
NENT DISPLAY OF SUCH POSTERS AND THE location of such display [and shall
provide posters, application forms, information cards and general infor-
mation]. Every [victim who reports a crime in any manner whatsoever]
APPROPRIATE LOCATION WHERE A CRIME MAY BE REPORTED shall [be given]
PROVIDE notice about the rights of crime victims and the existence of
all relevant local victim's assistance programs and services pursuant to
section six hundred twenty-five-b of this article, and [supplied by the
person receiving the report with information,] SUPPLY application
blanks[,] and information cards which shall clearly state: (a) that
crime victims may be eligible for state compensation benefits; (b) the
address and phone number of the office; (c) that police and district
attorneys can help protect victims against harassment and intimidation;
(d) the addresses and phone numbers of local victim service programs,
where appropriate, or space for inserting that information; or (e) any
other information the office deems appropriate. Such cards SHALL BE
PRINTED AND DISTRIBUTED BY THE OFFICE AND shall be designed by the
office in consultation with local police[, and shall be printed and
distributed by the office]. The office shall develop a system for
distributing a sufficient supply of the information cards referred to in
this subdivision, to all the appropriate designated locations, which
shall include a schedule for meeting that requirement.
1-a. [Every] THE OFFICE SHALL SUPPLY POSTERS GIVING NOTIFICATION OF
THE EXISTENCE AND GENERAL PROVISIONS OF THIS ARTICLE, APPLICATION
BLANKS, AND GENERAL INFORMATION TO EVERY general hospital established
under the laws of this state[, which] THAT maintains facilities for
providing out-patient emergency medical care, AND EACH SUCH HOSPITAL
shall display THE POSTERS prominently in its emergency room [posters
giving notification of the existence and general provisions of this
chapter]. The board [may] SHALL issue guidelines for the location of
such display [and shall provide posters, application forms and general
information regarding the provision of this chapter to each such hospi-
tal].
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§ 5. Subdivision 2 of section 631 of the executive law, as amended by
chapter 233 of the laws of 2020, is amended to read as follows:
2. Any award made pursuant to this article shall be in an amount not
exceeding out-of-pocket expenses, including indebtedness reasonably
incurred for medical or other services necessary as a result of the
injury upon which the claim is based; loss of earnings or support
resulting from such injury not to exceed thirty thousand dollars; loss
of savings not to exceed thirty thousand dollars; burial expenses not
exceeding [six] TWELVE thousand dollars [of a victim who died on or
after November first, nineteen ninety-six as a direct result of a
crime]; the costs of crime scene cleanup and securing of a crime scene
not exceeding twenty-five hundred dollars; reasonable relocation
expenses not exceeding twenty-five hundred dollars; reasonable employ-
ment-related transportation expenses, not exceeding twenty-five hundred
dollars and the unreimbursed cost of repair or replacement of articles
of essential personal property lost, damaged or destroyed as a direct
result of the crime. An award for loss of earnings shall include earn-
ings lost by a parent or guardian as a result of the hospitalization of
a child victim under age eighteen for injuries sustained as a direct
result of a crime. In addition to the medical or other services neces-
sary as a result of the injury upon which the claim is based, an award
may be made for rehabilitative occupational training for the purpose of
job retraining or similar employment-oriented rehabilitative services
based upon the claimant's medical and employment history. For the
purpose of this subdivision, rehabilitative occupational training shall
include but not be limited to educational training and expenses. An
award for rehabilitative occupational training may be made to a victim,
or to a family member of a victim where necessary as a direct result of
a crime. An award for employment-related transportation expenses shall
be limited to the time period necessary due to the personal physical
injuries sustained as a direct result of the crime upon which the claim
is based, as determined by the medical information collected during the
investigation of the claim.
§ 6. Subdivisions 4 and 5 of section 631 of the executive law, as
amended by section 22 of part A-1 of chapter 56 of the laws of 2010,
paragraph (e) of subdivision 5 as amended by chapter 70 of the laws of
2020, paragraph (f) of subdivision 5 as added by section 5 of part H of
chapter 55 of the laws of 2017, and paragraph (g) of subdivision 5 as
added by chapter 494 of the laws of 2018, are amended to read as
follows:
4. (A) ANY AWARD MADE PURSUANT TO THIS ARTICLE SHALL BE REDUCED BY THE
AMOUNT OF ANY PAYMENTS RECEIVED OR TO BE RECEIVED BY THE CLAIMANT AS A
RESULT OF THE INJURY FROM FEDERAL OR FEDERALLY FINANCED STATE AND LOCAL
PROGRAMS.
(B) Any award made pursuant to this article [shall] MAY be reduced by
the amount of any payments received or to be received by the claimant as
a result of the injury [(a)] (I) from or on behalf of the person who
committed the crime, [(b)] (II) under insurance programs mandated by
law, [(c) from public funds, (d)] (III) under any contract of insurance
wherein the claimant is the insured or beneficiary, [(e)] (IV) as an
emergency award pursuant to section six hundred thirty of this article.
(C) Notwithstanding the [foregoing] PROVISIONS OF PARAGRAPHS (A) AND
(B) OF THIS SUBDIVISION, where the person injured is a livery operator
victim, because undue hardship may result to the claimant if immediate
payment is not made, any award pursuant to paragraphs (f) and (g) of
subdivision one of section six hundred twenty-seven of this article
A. 5443 5
shall be granted without reduction for workers' compensation benefits to
be received, if any.
(D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, ANY AWARD MADE PURSUANT TO THIS ARTICLE SHALL NOT BE
REDUCED BY THE AMOUNT OF ANY PAYMENTS RECEIVED OR TO BE RECEIVED BY THE
CLAIMANT AS A RESULT OF PRIVATE DONATIONS, INCLUDING BUT NOT LIMITED TO
FUNDS RAISED THROUGH CROWDFUNDING PLATFORMS.
5. (a) [In determining the amount of an award, the office shall deter-
mine whether, because of his conduct, the victim of such crime contrib-
uted to the infliction of his injury, and the office shall reduce the
amount of the award or reject the claim altogether, in accordance with
such determination.
(b) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the office shall disregard for this purpose the responsibility of
the victim for his own injury where the record shows that the person
injured was acting as a good samaritan, as defined in this article.
(c)] Notwithstanding any inconsistent provision of this article, where
the person injured acted as a good samaritan, the office may, without
regard to the financial difficulty of the claimant, make an award for
out-of-pocket losses. Such award may also include compensation for any
loss of property up to five thousand dollars suffered by the victim
during the course of [his] THEIR actions as a good samaritan.
[(d)] (B) Notwithstanding any inconsistent provision of this article,
where a person acted as a good samaritan, and was killed as a direct
result of the crime, the office may, without regard to the financial
difficulty of the claimant, make a lump sum award to such claimant for
actual loss of support not to exceed thirty thousand dollars.
[(e)] (C) Notwithstanding any inconsistent provision of this article,
where a police officer or firefighter, both paid and volunteer, dies
from injuries received in the line of duty as a direct result of a
crime, the office may, without regard to the financial difficulty of the
claimant, make an award for the unreimbursed counseling expenses of the
eligible spouse, domestic partner, parents, [brothers, sisters] SIBLINGS
or children of such victim, and/or the reasonable burial expenses
incurred by the claimant.
[(f) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, the office shall disregard for this purpose the responsibility of
the victim for his or her own loss of savings.
(g) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, if the crime upon which the claim is based resulted in the death
of the victim, the office shall determine whether, because of his or her
conduct, the victim of such crime contributed to the infliction of his
or her injury, and the office may reduce the amount of the award by no
more than fifty percent, in accordance with such determination.]
§ 7. This act shall take effect immediately.