NY State Senate Bill 2025-S156

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to crime victims, crime and correction

co-Sponsors

2025-S156 (ACTIVE) - Details

See Assembly Version of this Bill:: A1862
Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §§621 & 631, Exec L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8603
2023-2024: S303, A3257

2025-S156 (ACTIVE) - Summary

Increases the amount for awards made to crime victims; specifies certain items of personal property which are necessary and essential to the welfare of a claimant.

2025-S156 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S156

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the executive law, in relation to awards made to crime
victims

 
PURPOSE OR GENERAL IDEA OF BILL:

To clarify the definitions of "essential personal property" and "proper-
ty necessary and essential to the welfare of the victim" as those terms
are used in the executive law to ensure that crime victims have meaning-
ful access to reimbursement for property lost, damaged, or stolen as the
result of a crime.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 8 of section 621 of the executive law, as
added by chapter 197 of the laws of 1983, which defines "essential
personal property", by adding two new subdivisions.  The new Subdivision
8(a) clarifies the meaning of personal property necessary and essential

to the welfare of the victim to mean personal property that was lost,
damaged or stolen as a result of the crime for which reimbursement or
replacement is reasonably necessary for the victim to restore stability
and/or a basic standard of living.

The new Subdivision 8(b) states that the office of victim services shall
promulgate rules and regulations for the determination of which property
is included under subdivision 8(a).

Section 2 amends 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, by
amending the existing provision and by adding a new subdivision (b),
(c), (d), and (e).

The new subdivision 9(b) allows the office of victim services to request
estimates or receipts for personal property lost, damaged or stolen as a
result of a crime, but stipulates that the inability of a victim to
provide such estimates or receipts shall not disqualify them from
receiving reimbursement for such items.

The new subdivision 9(c) provides a non-exclusive list of items of
personal property lost, damaged, or stolen as a result of a crime that
are necessary and essential to the welfare of the victim.

The new subdivision 9(d) provides a non-exclusive list of property that
is necessary and essential to the welfare of the victim.

The new subdivision 9(e) allows for the reasonable reimbursement of
property not specifically included in subdivision 9(d) to be determined
by the office of victim services.

Section 3 sets the effective date.

 
JUSTIFICATION:

Victims of crimes deserve to be compensated for what they have lost as a
direct result of having been subjected to criminal conduct.  However,
the meaning of the term "welfare" in determining victim awards in this
context has been construed narrowly, depriving some crime victims of
just compensation. This bill clarifies and expands the definition of
"welfare" to allow victims of crime to be compensated for what is neces-
sary to restore stability in victims' lives and allows victims to
achieve a basic standard of living.

 
PRIOR LEGISLATIVE HISTORY:

SENATE:

2024: S303 (Salazar) - Referred to Crime Victims, Crime & Correction
Committee. Passed Senate, unanimously.

2023: S303 (Salazar) - Referred to Crime Victims, Crime & Correction
Committee. Passed Senate, unanimously.

2022: S8603A (Salazar) - Referred to and reported out of the Crime
Victims, Crime & Correction Committee, Passed Senate, unanimously.

ASSEMBLY:

2023-2024: A3257 (Rajkumar) - Referred to Governmental Operations

2022: no same as

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S156 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    156
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. SALAZAR, MURRAY, ROLISON, WEBB, WEBER -- 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 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00484-01-5
 S. 156                              2
 
 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;
   (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 PARAGRAPH (D)
 OF  THIS SUBDIVISION, INCLUDING ANY PROPERTY NOT SPECIFICALLY ENUMERATED
 IN PARAGRAPH (D) OF THIS SUBDIVISION, MAY BE REIMBURSED AT A  REASONABLE
 RATE  AS  DETERMINED  BY  THE  OFFICE,  PROVIDED THAT SUCH RATE DOES NOT
 EXCEED TWENTY-FIVE HUNDRED DOLLARS.
   § 3. This act shall take effect immediately.

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Senate Bill S156

Sponsored By

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

co-Sponsors

2025-S156 (ACTIVE) - Details

2025-S156 (ACTIVE) - Summary

2025-S156 (ACTIVE) - Sponsor Memo

2025-S156 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S156

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Sponsored By

Julia Salazar

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

co-Sponsors

Dean Murray

Rob Rolison

Lea Webb

Bill Weber

2025-S156 (ACTIVE) - Details

2025-S156 (ACTIVE) - Summary

2025-S156 (ACTIVE) - Sponsor Memo

2025-S156 (ACTIVE) - Bill Text download pdf

Comments