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.
BILL NUMBER: S3095
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 :
Bill §1 amends subdivision 3 of §621 of the Executive Law to include violations of Agriculture & Markets Law §121 (7) within the definition of "crime" for purposes of submitting claims to the Crime victims Board
Americans are bitten by dogs almost 5 million times a year. Over 800,000 attacks require medical treatment, and more than half of the patients are children. According to the U.S. Centers for Disease Control, dog bites are among the top ten categories of children's injuries. 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 :
A. 9602 (2004) - referred to Assembly Governmental Operations Committee S.6062 (2004) - referred to Senate Crime Victims, Crime & Corrections Committee
A.4185-A (2005-06) -- referred to Assembly 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 ________________________________________________________________________ 3095 2009-2010 Regular Sessions IN SENATE March 10, 2009 ___________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. LBD04680-01-9