Bill S3319-2011

Requires the defendant to pay for the counseling of the victim of any sex offense

Requires the defendant convicted of any sex offense to pay for the counseling of the victim of such sex offense.

Details

Actions

  • Jan 4, 2012: REFERRED TO CODES
  • Feb 16, 2011: REFERRED TO CODES

Memo

BILL NUMBER:S3319

TITLE OF BILL: An act to amend the penal law, in relation to counseling for victims of sex offenses

PURPOSE: To provide victims of sexual abuse the ability to receive counseling related to their abuse at the expense of the perpetrator.

SUMMARY: Section 1. Amends section 60.27 of the Penal Law (restitution and reparation) by adding a new subdivision in order to address restitution for counseling at the request of a victim of sexual abuse. Provides for victim counseling under section 695-a of the Public Health Law and mandates the offender pay for such counseling.

Section 2. This act shall take effect on the 90th day after it shall have become law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

JUSTIFICATION: Sexual abuse is traumatic for the victim and family members. Current law provides stringent penalties for convicted sex offenders but does not specifically force them to pay restitutions for counseling at the request of the victim.

This bill mandates that the offender pay for sexual abuse counseling similar to that provided by the Rape Crisis, Intervention, and Prevention Program if the victim requests counseling.

Penalizing sex offenders is only half the battle in remedying the damage they have done to their victims and families. This bill is a step in the direction of recovery through counseling.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect on the 90th day after it shall have become law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3319 2011-2012 Regular Sessions IN SENATE February 16, 2011 ___________
Introduced by Sen. RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to counseling for victims of sex offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 60.27 of the penal law is amended by adding a new subdivision 15 to read as follows: 15. IF THE OFFENSE OF WHICH A PERSON IS CONVICTED IS DEFINED IN ARTI- CLE ONE HUNDRED THIRTY OF THIS CHAPTER, AND THE VICTIM OF SUCH OFFENSE OPTS FOR ANY TYPE OF COUNSELING, INCLUDING, BUT NOT LIMITED TO COUN- SELING FROM A RAPE CRISIS INTERVENTION AND PREVENTION PROGRAM AS AUTHOR- IZED PURSUANT TO ARTICLE SIX-A OF THE PUBLIC HEALTH LAW, THE COURT SHALL, UPON CONVICTION, IN ADDITION TO ANY OTHER SENTENCE, DIRECT THE DEFENDANT TO PAY THE COSTS OF COUNSELING. S 2. This act shall take effect on the ninetieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus