S316-2011 Actions

• Jan 4, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION
• Mar 29, 2011: DEFEATED IN CRIME VICTIMS, CRIME AND CORRECTION
• Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2011: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S316-2011 Meetings

S316-2011 Votes

S316-2011 Memo

BILL NUMBER:S316

TITLE OF BILL:              REVISED 12/30/11
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. 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:
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/ Same as Uni bill 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/
         Same as Uni bill 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.

S316-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          316
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 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.
 LBD01877-01-1

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