Defines the term "necessary court appearance" for purposes of the determination of a crime victim's award to include any part of a proceeding from arraignment through sentencing, pre and post trial hearings and hearings before the parole board.

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S3360-2013 Actions

• Feb 1, 2013: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S3360-2013 Memo

BILL NUMBER:S3360

TITLE OF BILL:  An act to amend the executive law, in relation to the
definition of necessary court appearances for purposes of determining
crime victim's award

PURPOSE OF THE BILL:  The bill defines the term "necessary court appear-
ance" for the purpose of determining crime victim compensation.

SUMMARY OF SPECIFIC PROVISIONS:  Under the bill, the term "necessary
court appearance" in subdivisions 8, 10 and 12 of section 631 of the
executive law is defined to include any part of trial from arraignment
through sentencing, pre and post trial hearings, grand jury hearings and
parole hearings for the purpose of fulfilling the rights accorded to
victims pursuant to section 440.50 of the criminal procedure law.

JUSTIFICATION:  The success of the judicial system is directly impacted
by the treatment of and input from crime victims. Our judicial system
can function more effectively when victims report crimes, confer with
prosecutors, testify at hearings and trial, and participate in other
phases. Notwithstanding that fact, some victims have been alienated from
the system and their quest for justice because they can ill-afford to
cover all the transportation costs associated with attending and partic-
ipating in all phases of prosecution.

FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS:  Currently, there is
no limit on the amount of compensation a victim may receive with respect
to covering transportation costs. However, there is no definition in
statute as to what is considered a necessary court appearance.

PRIOR LEGISLATIVE HISTORY:  1996 - A.9614 (S.7157) was referred to codes
from governmental operations and from codes to rules. Rules reported the
bill and ordered it to third reading. 1998 - A.325(S.1647)was referred
to crime victims, crime and correction. 1999/2000 - A.3109 (S.3702)
referred to governmental operations, reported, referred to codes,
reported from codes, advanced to third reading, passed Assembly, deliv-
ered to Senate Crime victims, Crime and Correction, died in Senate;
Committed to Rules, ordered to third reading, passed Assembly 2001/02 -
A.4321 (S.504) -referred to governmental affairs, passed Assembly, died
in Senate; committed to rules, passed Assembly, delivered to Senate,
referred to crime victims, crime and corrections. 2004 - A.4011 -
referred to crime victims, crime and correction 2005/06 - A.5512 - Ref
to Governmental operations, ref to codes, passed Assembly, delivered to
Senate, died in Senate, returned to Assembly, ref to rules, passed
Assembly, delivered to Senate, ref to Crime Victims, Crime and
Corrections 2007/08 - A.6675 - ref to Governmental operations 2009-10 -
S.4405-A/S.6532-B (Ortiz) - Vetoed Memo 18.

EFFECTIVE DATE: Immediately.

S3360-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                    3360

                         2013-2014 Regular Sessions

                              I N  SENATE

                              February 1, 2013
                                 ___________

  Introduced  by  Sen. HASSELL-THOMPSON -- 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 the definition of
    necessary court appearances for purposes of determining crime victim's
    award

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Subdivisions 8, 10 and 12 of section 631 of the executive
  law, subdivision 8 as amended by chapter 391 of the laws of 2003, subdi-
  vision 10 as added by chapter 197 of the laws of 1983,  and  subdivision
  12 as amended by chapter 534 of the laws of 2011, are amended to read as
  follows:

    8.  Notwithstanding  the provisions of subdivisions one, two and three
  of this section, an elderly or disabled victim who has  not  been  phys-
  ically injured as a direct result of a crime, shall only be eligible for
  an award that includes the unreimbursed cost of repair or replacement of
  essential  personal property that has been lost, damaged or destroyed as
  a direct result of a crime, transportation expenses incurred for  neces-
  sary court appearances in connection with the prosecution of such crimes
  and  the  unreimbursed  cost  of  counselling provided to the elderly or
  disabled victim on account of mental or emotional  stress  or  financial
  counselling  provided  to  the  elderly or disabled victim on account of
  financial difficulty resulting from the  incident  in  which  the  crime
  occurred if such counselling or financial counselling is commenced with-
  in  one year from the date of the incident.  FOR PURPOSES OF THIS SUBDI-
  VISION, "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE  LIMITED
  TO,  ANY PART OF TRIAL FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST
  TRIAL HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR THE PURPOSES
  OF FULFILLING THE RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION  440.50
  OF THE CRIMINAL PROCEDURE LAW.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06406-01-3

 S. 3360                             2

    10.  Notwithstanding  any  contrary  provision  of law, an award shall
  include reasonable transportation expenses incurred for necessary  court
  appearances in connection with the prosecution of such crimes upon which
  the  claim is based.  FOR PURPOSES OF THIS SUBDIVISION, "NECESSARY COURT
  APPEARANCES"  SHALL INCLUDE BUT NOT BE LIMITED TO ANY PART OF A PROCEED-
  ING FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND  POST  TRIAL  HEARINGS,
  GRAND JURY AND PAROLE HEARINGS FOR THE PURPOSES OF FULFILLING THE RIGHTS
  ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE CRIMINAL PROCEDURE
  LAW.
    12.  Notwithstanding the provisions of subdivisions one, two and three
  of this section, an individual who was a victim of either the  crime  of
  menacing  in the second degree as defined in subdivision two or three of
  section 120.14 of the penal law, menacing in the first degree as defined
  in section 120.13 of the penal law, criminal obstruction of breathing or
  blood circulation as defined in section 121.11 of the penal law, harass-
  ment in the second degree as defined in  subdivision  two  or  three  of
  section  240.26  of  the  penal  law,  harassment in the first degree as
  defined in section 240.25 of the penal law, aggravated harassment in the
  second degree as defined in subdivision four of section  240.30  of  the
  penal  law,  aggravated  harassment  in  the  first degree as defined in
  subdivision two of section 240.31 of the penal law, criminal contempt in
  the first degree as defined in paragraph (ii) or (iv) of subdivision (b)
  or subdivision (c) of section 215.51 of the penal law,  or  stalking  in
  the fourth, third, second or first degree as defined in sections 120.45,
  120.50,  120.55  and  120.60 of the penal law, respectively, who has not
  been physically injured as a direct result of such crime shall  only  be
  eligible  for  an  award  that  includes loss of earning or support, the
  unreimbursed cost of repair or replacement of essential personal proper-
  ty that has been lost, damaged or destroyed as a direct result  of  such
  crime,  the  unreimbursed  cost  for  security  devices  to  enhance the
  personal protection of such victim, transportation expenses incurred for
  necessary court [expenses] APPEARANCES in  connection  with  the  prose-
  cution  of  such crime, the unreimbursed costs of counseling provided to
  such victim on account of mental or emotional stress resulting from  the
  incident  in  which  the crime occurred, reasonable relocation expenses,
  and for occupational or job training.  FOR PURPOSES OF THIS SUBDIVISION,
  "NECESSARY COURT APPEARANCES" SHALL INCLUDE, BUT NOT BE LIMITED TO,  ANY
  PART  OF  TRIAL  FROM ARRAIGNMENT THROUGH SENTENCING, PRE AND POST TRIAL
  HEARINGS, GRAND JURY HEARINGS AND PAROLE HEARINGS FOR  THE  PURPOSES  OF
  FULFILLING  RIGHTS ACCORDED TO VICTIMS PURSUANT TO SECTION 440.50 OF THE
  CRIMINAL PROCEDURE LAW.
    S 2. This act shall take effect immediately.