Relates to the eligibility for crime victim awards of certain family members of homicide victims.

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S6848-2011 Actions

• Jul 18, 2012: SIGNED CHAP.233
• Jul 6, 2012: DELIVERED TO GOVERNOR
• Jun 14, 2012: returned to senate
• Jun 14, 2012: passed assembly
• Jun 14, 2012: ordered to third reading rules cal.123
• Jun 14, 2012: substituted for a9898
• May 8, 2012: referred to governmental operations
• May 8, 2012: DELIVERED TO ASSEMBLY
• May 8, 2012: PASSED SENATE
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.684
• Mar 28, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S6848-2011 Meetings

Crime Victims, Crime and Correction: May 1, 2012

S6848-2011 Calendars

Active List: May 8, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012

S6848-2011 Votes

S6848-2011 Memo

BILL NUMBER:S6848

TITLE OF BILL:

An act
to amend the executive law, in
relation to the eligibility of certain
family members of homicide victims

PURPOSE OF BILL:

This bill would correct an inconsistency in Article 22 of the
Executive Law with respect to which relatives of homicide victims are
eligible to receive awards from the Office of Victim Services ("OVS")
for counseling expenses.

SUMMARY OF PROVISIONS:

Section 1 of this bill would amend Executive Law � 624(1)(b) to
include guardians, siblings and step-siblings of a victim who died as
a direct result of a crime among those eligible to receive an award
from the OVS.

Section 2 of this bill contains the effective date.

EXISTING LAW:

Executive Law � 626(1) provides that the cost of counseling for an
eligible spouse, grandparent, parent, stepparent, guardian, brother,
sister, stepbrother, stepsister, child or stepchild of a homicide
victim is considered an "out-of-pocket" loss for which such relative
may receive an award from OVS. However, Executive Law � 624(1) (b),
which generally lists persons who are "eligible" for "awards" from
OVS does not include guardians, siblings and step-siblings.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

Article 22 is internally inconsistent with respect to which relatives
of a homicide victim are generally "eligible" for awards from OVS,
and which relatives may receive an award for counseling expenses.
Chapter 324 of the Laws of 1989 provided that guardians, brothers and
sisters (later expanded to include step-siblings) were eligible to
receive reimbursement for counseling expenses, but neglected to amend
the statutory list of those persons generally eligible to receive an
award.

Despite the inconsistency, OVS (and its predecessor, the Crime Victims
Board) have interpreted Article 22 of the Executive Law consistent
with the general intent of that Article to compensate crime victims,
thereby making awards for counseling expenses to all family members
of homicide victims listed in Executive Law � 626(1). This bill would
correct the inconsistency in these provisions to make it clear that
guardians, brothers, sisters and step-siblings are eligible to receive
such awards.

BUDGET IMPLICATIONS:

This measure would not have any budgetary impact.

EFFECTIVE DATE:

The bill would become effective immediately.

S6848-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    6848

                              I N  SENATE

                               March 28, 2012
                                 ___________

  Introduced  by  Sen.  NOZZOLIO  --  (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 eligibility of
    certain family members of homicide victims

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (b) of subdivision 1 of section 624 of the execu-
  tive  law,  as amended by chapter 427 of the laws of 1999, is amended to
  read as follows:

    (b) a surviving spouse,  grandparent,  parent,  stepparent,  GUARDIAN,
  BROTHER, SISTER, STEPBROTHER, STEPSISTER, child or stepchild of a victim
  of a crime who died as a direct result of such crime;
    S 2. This act shall take effect immediately.







   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14483-01-2