New York S 7011: Relates to the information necessary to investigate compensation claims

Bill Text

STATE OF NEW YORK
________________________________________________________________________
7011
2021-2022 Regular Sessions
IN SENATE
May 24, 2021
___________
Introduced by Sen. SEPULVEDA -- (at request of the Office of Victim
Services) -- 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 the information neces-
sary to investigate compensation claims
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 4 of section 623 of the executive law, as
2 amended by section 8 of part A-1 of chapter 56 of the laws of 2010, is
3 amended to read as follows:
4 4. To request from the division of state police, from county or munic-
5 ipal police departments and agencies and from any other state or munici-
6 pal department or agency, or public authority, and the same are hereby
7 authorized to provide, such assistance and data as will, and shall
8 enable the office to carry out its functions and duties.
9 § 2. Subdivision 1 of section 631 of the executive law, as separately
10 amended by chapters 189 and 295 of the laws of 2018, is amended to read
11 as follows:
12 1. No award shall be made unless the office finds that (a) a crime was
13 [ ] , (b) such crimecommitted indicated by criminal justice agency records
14 directly resulted in personal physical injury to or the exacerbation of
15 a preexisting disability, or condition, or death of, the victim, and (c)
16 criminal justice agency records show that such crime was promptly
17 reported to the proper authorities; and in no case may an award be made
18 where the criminal justice agency records show that such report was made
19 more than one week after the occurrence of such crime unless the office,
20 for good cause shown, finds the delay to have been justified. Notwith-
21 standing the foregoing provisions of this subdivision, in cases involv-
22 ing an alleged sex offense as contained in article one hundred thirty of
23 the penal law or incest as defined in section 255.25, 255.26 or 255.27
24 of the penal law or labor trafficking as defined in section 135.35 of
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD09622-01-1

S. 7011 2
1 the penal law or sex trafficking as defined in sections 230.34 and
2 230.34-a of the penal law or an offense chargeable as a family offense
3 as described in section eight hundred twelve of the family court act or
4 section 530.11 of the criminal procedure law, the criminal justice agen-
5 cy report need only be made within a reasonable time considering all the
6 circumstances, including the victim's physical, emotional and mental
7 condition and family situation. For the purposes of this subdivision,
8 "criminal justice agency" shall include, but not be limited to, a police
9 department, a district attorney's office, and any other governmental
10 agency having responsibility for the enforcement of the criminal laws of
11 the state provided, however, that in cases involving [ ] sexsuch
12 [ ] or family [ ] a criminal justice agen-offense offenses offense offenses
13 cy shall also mean a family court, a governmental agency responsible for
14 child and/or adult protective services pursuant to title six of article
15 six of the social services law and/or title one of article nine-B of the
16 social services law, and any medical facility established under the laws
17 of the state that provides a forensic physical examination for victims
18 of rape and sexual assault. In the event that inconsistent reports
19 among two or more criminal justice agencies exist for the same incident,
20 the office shall consider the totality of the circumstances among all
21 reports in order to accomplish the purpose of this article.
22 § 3. This act shall take effect immediately.