Makes victims of certain dog attacks eligible for awards by the crime victims board; requires dog control officers to give victims a card with notice thereof.
TITLE OF BILL: An act to amend the executive law, in relation to making victims of certain dog attacks eligible for awards by the crime victims board
PURPOSE OR GENERAL IDEA OF BILL: This bill will make innocent victims of dog attacks eligible to submit claims to the Crime Victims Board for reimbursement of medical bills and other expenses.
SUMMARY OF SPECIFIC PROVISIONS: Section 1, Amends subdivision 3 of Section 621 of the Executive Law. Includes violations of Agriculture & Markets Law Section 121 (7) within the definition of "crime" for purposes of submitting claims to the Crime Victims Board.
Section 2, Effective Date
EXISTING LAW: Executive Law; Article 22, Office of Victim Services; Section 621, Definitions
Agriculture and Markets Law; Article 7, Licensing, Identification and Control of Dogs; Section 121, Dangerous Dogs
JUSTIFICATION: Americans are bitten by dogs almost five million times a year. Over 800,000 attacks require medical treatment, and more than half of the patients are children. Of those injured, 386,000 require treatment in an emergency department and about 16 die, The rate of dog bite-related injuries is highest for children ages 5 to 9 years, and the rate decreases as children age. Almost two thirds of injuries among children ages four years and younger are to the head or neck region. Injury rates in children are significantly higher for boys than for girls. However, at present many such attacks do not fit the definition of "crime" in the statute establishing the Crime Victims Board (CVB).
If an attacking dog was previously determined to be a "dangerous dog", the offense is treated as a misdemeanor and a claim can be submitted to the CVB. However, if there has been no prior formal determination of dangerousness, the offense is a violation subject only to a civil penalty, regardless of the severity or circumstances of the attack. In such cases, no, claims for medical bills or other expenses can be claimed by the victim (of, in the case of a child, the family).
This bill will rectify this disparity and make all dog attacks resulting in serious physical injury under § 121 eligible as "crimes" under the Executive Law definition This will ensure that victims of these attacks have the same ability to submit claims to the Crime Victims Board as other victims.
PRIOR LEGISLATIVE HISTORY:
2012: S.316 - Referred to Crime Victims, Crime and Correction 2011: S.316 - Defeated in Crime Victims, Crime and Correction 2010: S.3095 - Reported and Committed to Finance/A.8605 - Held for Consideration in Governmental Operations 2009: S.3095 - Advanced to Third Reading/A.8605 - Referred to Governmental Operations 2007-08: S.4010 - Passed Senate/A.6944 - Reported, Referred to Ways and Means 2005-06: A.4185A - Referred to Governmental Operations 2004: S.6062 - Referred to the Crime Victims, Crime & Corrections/A.9602 Referred to Governmental Operations Committee
FISCAL IMPLICATIONS: No adverse fiscal impacts - any claims will be considered in the same manner and pursuant to the same appropriations as all other claims submitted to the CVB.
EFFECTIVE DATE: 90th day after enactment.
STATE OF NEW YORK ________________________________________________________________________ 15 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 making victims of certain dog attacks eligible for awards by 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 3 of section 621 of the executive law, as amended by chapter 710 of the laws of 1996, is amended to read as follows: 3. "Crime" shall mean (a) an act committed in New York state which would, if committed by a mentally competent criminally responsible adult, who has no legal exemption or defense, constitute a crime as defined in and proscribed by law;
[or](b) an act committed outside the state of New York against a resident of the state of New York which would be compensable had it occurred within the state of New York and which occurred in a state which does not have an eligible crime victim compensation program as such term is defined in the federal victims of crime act of 1984; [or](c) an act of terrorism, as defined in section 2331 of title 18, United States Code, committed outside of the United States against a resident of New York state; OR (D) A VIOLATION OF SUBDIVISION SEVEN OF SECTION ONE HUNDRED TWENTY-ONE OF THE AGRICULTURE AND MARKETS LAW. S 2. This act shall take effect on the ninetieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00930-01-3