NY State Senate Bill 2025-S7296

Senate Bill S7296

2025-2026 Legislative Session

Establishes the division of the crime victims' statewide advocate to represent crime victims' legal interests

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
Apr 09, 2025	referred to crime victims, crime and correction

co-Sponsors

2025-S7296 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Add §631-b, Exec L

2025-S7296 (ACTIVE) - Summary

Establishes the division of the crime victims' statewide advocate to represent crime victims' and witnesses' legal interests during discovery and trial and assist with victim compensation applications.

2025-S7296 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7296

SPONSOR: RHOADS
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing the divi-
sion of the crime victims' statewide advocate to represent crime
victims' legal interests

 
PURPOSE:

Establishes the division of the crime victims' statewide advocate to
represent crime victims' legal interests.

 
SUMMARY OF PROVISIONS:

Section 1. The executive law is amended by adding a new section to read
as follows:

§ 631-b. Crime victims' statewide advocate. 1. For the purpose od this
section:

(a)" advocate means the crime victims' advocate, the individual head of
the division of the crime victims' statewide advocate;

(b) "the division" means the division of the crime victims' statewide
advocate, as established by this section; and

(c) "the director" means the director of the office of victim services.

2. This is hereby established within the office of victim services the
division of the crime victims statewide advocate, the head of which
shall be the crime victims advocate. The crime victims' advocate shall
be appointed by the director of the office with the advice of the
office's advisory council, shall receive a salary to be fixed by the
director within the amount appropriate therefore, and shall not be
discharged except for just cause.

3. The crime victims advocate, subject to the rules prescribed by the
director or the governor, may establish bureaus or local offices in each
county under the division of the crime victims' advocates as such advo-
cate's duties and fix their compensation within the amount appropriated
therefor

4. The office of the crime victims' statewide advocate shall have the
following powers and duties:

(a) provide legal representation to the victims and witnesses of crimes
who are served with judicial orders to allow criminal defendants or
their representatives to gain access to such victim or witness's home.

(c) provide legal assistance with any victim compensation applications,
provided however, such victim has exhausted other assistance available
through the office.

(d) provide information on victims' and witness' legal rights an
protections with regard to the criminal process.


(e) assist victims to submit comments and statements to courts and
parole boards.

§ 3. This act shall take effect January 1, 2026.

 
JUSTIFICATION:

With public safety and crime as top concerns for New Yorkers, the state
must ensure its citizens have all the tools they need when they find
themselves a victim of a crime. When a victim seeks justice, they are
often burdened by the complicated legal procedure and can quickly become
confused and overwhelmed. These burdens were heightened by New York
State's amendments to its Criminal Procedure.  Law in 2019, which
provided a criminal defendant unprecedented access, in certain
instances, to victims; their records; their families and even their
homes in the search for exculpatory evidence.  These burdens may prevent
victims from continuing their path to justice and may act as a disincen-
tive to report crimes in the first instance. At a time when they need
help most, it should not be the duty of a victim to understand the
complexities of the law and criminal justice procedures to protect their
own rights. In the criminal justice system, prosecutors are there to
represent the interests of the State and the public. A criminal defend-
ant has counsel to protect their interests, however, no one is present
to legally represent the rights and interests of the victim.

This bill establishes the division of the Crime Victim's Statewide Advo-
cate as part of the Office of Victim Services to increase services
provided to victims and to ensure their legal rights are protected. The
Office of Victim Services currently provides services to crime victims,
including financial assistance, counseling, legal help, and emergency
sheltering. The Division of the Crime Victim's Statewide Advocate
expands upon these services by providing victims with an advocate who
knows and understands the law. The advocate will provide legal represen-
tation to victims and witnesses of crimes, legal assistance with victim
compensation applications, information on legal rights and protections
regarding the criminal justice process and will assist victims in
submitting motions, applications for protective orders, comments and
statements to courts and parole boards.

This bill also requires the establishment of local offices in each coun-
ty of the state with a principal office in Albany. While the law is
uniform, the procedures and bench vary from county to county across our
State and local representation within their own County will provide
victims with more efficient, more convenient representation and assist-
ance from advocates who know the law and also understand how it is
administered in the specific jurisdiction a victim's case is pending.
The search for justice requires not only the protection of the rights of
the accused, but the protection of the rights of the victim of a crime
as well.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined. This act shall take effect January 1, 2026.

 
EFFECTIVE DATE:
This act shall take effect January 1, 2026.

2025-S7296 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7296
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 9, 2025
                                ___________
 
 Introduced  by  Sen.  RHOADS -- 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 establishing the divi-
   sion  of  the  crime  victims'  statewide  advocate to represent crime
   victims' legal interests

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 631-b
 to read as follows:
   § 631-B. CRIME VICTIMS' STATEWIDE ADVOCATE.   1. FOR THE  PURPOSES  OF
 THIS SECTION:
   (A)  "ADVOCATE" MEANS THE CRIME VICTIMS' ADVOCATE, THE INDIVIDUAL HEAD
 OF THE DIVISION OF THE CRIME VICTIMS' STATEWIDE ADVOCATE;
   (B) "THE DIVISION" MEANS THE DIVISION OF THE CRIME VICTIMS'  STATEWIDE
 ADVOCATE, AS ESTABLISHED BY THIS SECTION; AND
   (C)  "THE  DIRECTOR"  MEANS  THE  DIRECTOR  OF  THE  OFFICE  OF VICTIM
 SERVICES.
   2. THERE IS HEREBY ESTABLISHED WITHIN THE OFFICE  OF  VICTIM  SERVICES
 THE DIVISION OF THE CRIME VICTIMS' STATEWIDE ADVOCATE, THE HEAD OF WHICH
 SHALL  BE THE CRIME VICTIMS' ADVOCATE. THE CRIME VICTIMS' ADVOCATE SHALL
 BE APPOINTED BY THE DIRECTOR OF  THE  OFFICE  WITH  THE  ADVICE  OF  THE
 OFFICE'S  ADVISORY  COUNCIL,  SHALL  RECEIVE A SALARY TO BE FIXED BY THE
 DIRECTOR WITHIN THE AMOUNT  APPROPRIATED  THEREFOR,  AND  SHALL  NOT  BE
 DISCHARGED EXCEPT FOR JUST CAUSE.
   3.  THE  CRIME  VICTIMS'  ADVOCATE, SUBJECT TO RULES PRESCRIBED BY THE
 DIRECTOR OR THE GOVERNOR, SHALL ESTABLISH BUREAUS OR  LOCAL  OFFICES  IN
 EACH  COUNTY  UNDER  THE DIVISION OF THE CRIME VICTIMS' ADVOCATE AS SUCH
 ADVOCATE MAY DEEM NECESSARY AND MAY APPOINT SUCH  DEPUTIES,  ASSISTANTS,
 AND  OTHER  EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF SUCH ADVO-
 CATE'S DUTIES AND THE MISSION OF THE DIVISION AND  MAY  PRESCRIBE  THEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11386-04-5

 S. 7296                             2
 
 POWERS AND DUTIES AND FIX THEIR COMPENSATION WITHIN THE AMOUNT APPROPRI-
 ATED THEREFOR. THE PRINCIPAL OFFICE OF THE DIVISION SHALL BE IN THE CITY
 OF ALBANY, THERE SHALL BE AT LEAST ONE OFFICE OF SUBSTANTIAL PRESENCE IN
 THE  CITY OF NEW YORK, AND THERE SHALL BE AN OFFICE OF ADEQUATE PRESENCE
 WITHIN EACH COUNTY.  BRANCH OFFICES MAY BE ESTABLISHED AT THE DISCRETION
 OF THE DIRECTOR OR THE GOVERNOR, SUBJECT TO APPROPRIATIONS  FOR  MAINTE-
 NANCE OF SUCH OFFICES.
   4.  THE  OFFICE  OF  CRIME  VICTIMS' STATEWIDE ADVOCATE SHALL HAVE THE
 FOLLOWING POWERS AND DUTIES:
   (A) PROVIDE LEGAL REPRESENTATION TO VICTIMS AND  WITNESSES  OF  CRIMES
 WHO  ARE  SERVED  WITH  JUDICIAL  ORDERS TO ALLOW CRIMINAL DEFENDANTS OR
 THEIR REPRESENTATIVES TO GAIN ACCESS TO SUCH VICTIM OR WITNESS'S HOME OR
 PLACE OF BUSINESS, PURSUANT TO SUBDIVISION TWO OF SECTION 245.30 OF  THE
 CRIMINAL PROCEDURE LAW;
   (B)  PROVIDE  LEGAL REPRESENTATION TO ANY CRIME VICTIM OR WITNESS WITH
 REGARD TO ANY LEGAL ACTION RELATED TO SECTION  245.30  OF  THE  CRIMINAL
 PROCEDURE LAW;
   (C)  PROVIDE  LEGAL  ASSISTANCE  WITH ANY VICTIM COMPENSATION APPLICA-
 TIONS, PROVIDED, HOWEVER, SUCH VICTIM  HAS  EXHAUSTED  OTHER  ASSISTANCE
 AVAILABLE THROUGH THE OFFICE, ABSENT EXTENUATING CIRCUMSTANCES;
   (D)  PROVIDE  INFORMATION  ON VICTIMS' AND WITNESSES' LEGAL RIGHTS AND
 PROTECTIONS WITH REGARD TO CRIMINAL PROCESS; AND
   (E) ASSIST VICTIMS TO SUBMIT COMMENTS AND  STATEMENTS  TO  COURTS  AND
 PAROLE BOARDS.
   § 2. If any clause, sentence, paragraph, subdivision, section, or part
 of  this  law  or  the application thereof to any person or circumstance
 shall be adjudged by any court of competent jurisdiction to  be  invalid
 or unconstitutional, such order or judgment shall not affect, impair, or
 invalidate  the remainder hereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision,  section,  or  part  of
 this  law,  or in its application to the person or circumstance directly
 involved in the controversy in which such order  or  judgment  shall  be
 rendered.
   §  3. This act shall take effect January 1, 2026. Effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized to be made and completed on or before such effective date.

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.

Senate Bill S7296

Share this bill

Sponsored By

Steven D. Rhoads