A2327-2011 Actions

• Jan 4, 2012: referred to governmental operations
• Jan 18, 2011: referred to governmental operations

A2327-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2327
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 18, 2011
 
 Introduced  by M. of A. PRETLOW, ABBATE -- read once and referred to the
 Committee on Governmental Operations
 

AN ACT to amend the executive law, in relation to eligibility to receive
 awards from the crime victims board
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  1  of  section  631 of the executive law, as
 amended by section 22 of part A-1 of chapter 56 of the laws of 2010,  is
 amended to read as follows:

 1. No award shall be made unless the office finds that (a) a crime was
 committed,  (b) such crime directly resulted in personal physical injury
 to or the exacerbation of a preexisting  disability,  or  condition,  or
 death  of, the victim, and (c) criminal justice agency records show that
 such crime was promptly reported to the proper authorities;  and  in  no
 case may an award be made where the criminal justice agency records show
 that  such  report  was  made more than one week after the occurrence of
 such crime unless the office, for good cause shown, finds the  delay  to
 have  been justified[; provided, however]. NOTWITHSTANDING THE FOREGOING
 PROVISIONS OF THIS  SUBDIVISION,  in  cases  involving  an  alleged  sex
 offense  as  contained in article one hundred thirty of the penal law or
 incest as defined in section 255.25, 255.26 or 255.27 of the  penal  law
 or  labor  trafficking  as defined in section 135.35 of the penal law or
 sex trafficking as defined in section 230.34 of  the  penal  law  or  an
 offense  chargeable  as  a  family offense as described in section eight
 hundred twelve of the family court act or section 530.11 of the criminal
 procedure law, the criminal justice agency  report  need  only  be  made
 within  a  reasonable  time considering all the circumstances, including
 the victim's physical, emotional and mental condition and  family  situ
 ation.  For  the purposes of this subdivision, "criminal justice agency"
 shall include, but not be limited to, a police  department,  a  district
 attorney's office, and any other governmental agency having responsibil
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02597-01-1
 
       A. 2327                             2
 ity  for  the  enforcement  of  the criminal laws of the state provided,
 however, that in cases involving such sex offense OR  FAMILY  OFFENSE  a
 criminal  justice  agency shall also mean a family court, a governmental
 agency  responsible  for child and/or adult protective services pursuant
 to title six of article six of the social services law and/or title  one
 of  article  nine-B of the social services law, and any medical facility
 established under the laws of the state that provides a  forensic  phys
 ical examination for victims of rape and sexual assault.
 

S 2. This act shall take effect on the thirtieth day after the date on
 which it shall have become a law.

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