Relates to crime victim emergency awards when the award is used to replace medical equipment necessary for the survival of the claimant.
TITLE OF BILL: An act to amend the executive law, in relation to certain crime victim compensation benefits
PURPOSE: To provide more financial aid to victims of a crime where medical equipment was stolen or damaged and needs to be replaced.
SUMMARY OF PROVISIONS:
Section one amends section 630 of the Executive Law to provide that the $500 individual award limitation, for emergency awards does not apply to claimants who will use the emergency award to replace medical equipment. An award of $10,000 will be allowed for medical equipment that is necessary for the claimant's continued survival.
Section two of the bill provides that this act shall take effect immediately.
EXISTING LAW: Currently, crime victims who will most likely receive an award pursuant to Executive Law Article 22 may obtain emergency awards of $500.
JUSTIFICATION: In the commission of a crime, medical equipment may be damaged or stolen. Insurance may not always cover replacement of such equipment. This legislation will, in special cases, allow for a higher emergency award to cover the cost of replacing important medical equipment when such replacement is not covered under Medicaid or private insurance.
LEGISLATIVE HISTORY: 2012: S.1985 - Reported to Finance 2011: S.1985 Referred to Crime Victims, Crime and Correction 2010: S.2587 - 3rd Reading 2009: S.2587 - Reported to Finance 2007-8: S.3718 - Passed Senate both years
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: January 1, 2015
STATE OF NEW YORK ________________________________________________________________________ 2745--A 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- recommitted to the Committee on Crime Victims, Crime and Correction in accordance with Senate Rule 6, sec. 8 -- reported favor- ably from said committee and committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law, in relation to certain crime victim compensation benefits THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 9 of section 631 of the executive law, as amended by section 30 of part E of chapter 58 of the laws of 1998, is amended to read as follows: 9. Any award made for the cost of repair or replacement of essential personal property, including cash losses of essential personal property, shall be limited to an amount of five hundred dollars, except that all cash losses of essential personal property shall be limited to the amount of one hundred dollars. IN THE CASE OF MEDICALLY NECESSARY LIFE- SUSTAINING EQUIPMENT WHICH WAS LOST OR DAMAGED AS THE DIRECT RESULT OF A CRIME, THE AWARD SHALL BE LIMITED TO THE AMOUNT OF TEN THOUSAND DOLLARS. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07264-04-4